Trade mark decision

BL Number

O/264/01

Decision date

19 June 2001

Hearing officer

Dr W J Trott

Mark

LABORATOIRE DE LA MER

Classes

05

Registered Proprietor

Laboratoires Goemar

Application 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/263/01.
• 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).
• 4. Reasoned Order from the ECJ [2004] FSR 38.
• 5. High Court Decision (Resumed Hearing) [2005] FSR 29. Revocation allowed.
• 6. Court of Appeal Decision 29 July 2005. Appeal allowed. Order of the Registrar restored.

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.