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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> LABORATOIRE DE LA MER (Trade Mark: Revocation) [2001] UKIntelP o26301 (19 June 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o26301.html
Cite as: [2001] UKIntelP o26301
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LABORATOIRE DE LA MER (Trade Mark: Revocation) [2001] UKIntelP o26301 (19 June 2001)
For the whole decision click here: o26301
Trade mark decision
- BL Number
- O/263/01
- Decision date
- 19 June 2001
- Hearing officer
- Dr W J Trott
- Mark
- LABORATOIRE DE LA MER
- Classes
- 05
- Registered Proprietor
- Laboratoires Goemar
- Applicant for Revocation
- La Mer Technology Incorporated
- Revocation
- Section 46(1)
Result
Section 46(1) - Revocation partially successful.
Points Of Interest
- 1. Genuine Use: Importation of goods bearing a mark into the UK is sufficient to support a claim to genuine use.
- 2. See also associated decision O/264/01
- 3. The applicants for revocation appealed to the High Court. In his decision dated 19 December 2001 Mr Justice Jacob allowed the appeal as against the Class 5 registration. As regards the Class 3 application a reference was made to the European Court of Justice as to what constitutes "genuine use". (See [2002] ETMR 34).
Summary
The registered proprietors evidence of use was somewhat inconclusive and the scale of use was modest. However, it was accepted that there had been genuine use in respect of some goods and the Hearing Officer decided that the mark should be allowed to remain on the register for a reduced specification of goods.