Trade mark decision

BL Number

O/231/00

Decision date

5 July 2000

Hearing officer

Mr A James

Mark

CERNIVET

Classes

05

Registered Proprietor

Cernitin SA

Applicant for Revocation

Clintec Benelux SA

Opposition

Section 46(1)(b)

Result

Section 46(1)(b) - Revocation successful

Points Of Interest

• Proper reasons for non use : Market resistance caused by uncertainty over a proposed regulation regime may be a proper reason for non-use but it could not be relevant in circumstances where, apart from these difficulties, there was no commercial market for the goods.

Summary

In this case the relevant period was from 2 September 1992 to 2September1997. The registered proprietor filed details of some use in relation to an "Oral Doser for Piglets", but the documentation was undated and there was no specific claim that it fell within the relevant period. The Hearing Officer concluded that there had been no genuine use of the registered mark and went on to consider whether or not there were proper reasons for non-use.

The registered proprietor claimed there had been a change of direction during the relevant period and it was proposed to use the mark on feed additive products and clearance for such use had to be obtained from the EU via MAFF. An application had been made. There was also commercial considerations about the use of such additives because of doubts about the use of Antibiotic Growth Promoters. In all the circumstances the Hearing Officer concluded that there was no evidence that there was in fact a viable market in the UK for the proprietors product. Thus in totality there were no proper reasons for non-use.