British
and Irish Legal Information Institute
Freely Available British and Irish Public Legal Information
[
Home]
[
Databases]
[
World Law]
[
Multidatabase Search]
[
Help]
[
Feedback]
United Kingdom Intellectual Property Office Decisions
You are here:
BAILII >>
Databases >>
United Kingdom Intellectual Property Office Decisions >>
PAGODA (Trade Mark: Revocation) [2000] UKIntelP o25400 (24 July 2000)
URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o25400.html
Cite as:
[2000] UKIntelP o25400
[
New search]
[
Printable PDF version]
[
Help]
PAGODA (Trade Mark: Revocation) [2000] UKIntelP o25400 (24 July 2000)
For the whole decision click here: o25400
Trade mark decision
- BL Number
- O/254/00
- Decision date
- 24 July 2000
- Hearing officer
- Mr M Reynolds
- Mark
- PAGODA
- Classes
- 32
- Applicant for Revocation
- G.F.A Des Domaines Prats
- Opponent
- Zhejiang Cereals, Oils & Foodstuffs Import & Export Co Ltd
- Revocation
- Section 46(1)(b)
Result
Section 46(1)(b) - Revocation successful
Points Of Interest
-
Use of the mark on similar goods does not protect a registration under the 1994 Act. This is a change as compared to the 1938 Act.
Summary
The registered proprietors have three registrations for their PAGODA BRAND and device mark in Class 33 in respect of "Rice wine, alcoholic beverages and wines". Their claimed evidence of use was in respect of alcoholic drinks, de-alcoholised drinks and in particular rice wine and liqueurs. However, the evidence filed only substantiated use in respect of rice wine and liqueurs and no use whatsoever of goods which fall in Class 32 - the Class of the registered mark. Revocation allowed.
The Hearing officer noted that the marks registered in Class 33, and the mark as used, were different as compared to the PAGODA mark as registered.