Trade mark decision

BL Number

O/300/01

Decision date

12 July 2001

Hearing officer

Mr A James

Mark

SAFARI

Classes

12

Applicant for Revocation

Tata Engineering & Locomotive Company Limited

Registered Proprietor

Automobiles Citroen

Revocation

Sections 46(1) & (5)

Result

Revocation unsuccessful.

Points Of Interest

• Consent. A mark may be revoked if it is not put to genuine use "by the proprietor or with his consent" (Section 46). Use with the consent of the registered proprietor is therefore deemed to be use by the proprietor himself for the purposes of Section 46.

Summary

The registered proprietors had not used the mark themselves but had formally consented to the use by Rover Group of the mark in relation to a limited series of their DISCOVERY vehicle. The applicants claimed that such use was not with the registered proprietors consent; that the use as a secondary mark was not trade mark use; that the use shown was not genuine use because of the limited scale of use and that the use was not in respect of goods for which the mark SAFARI was registered - namely estate wagons and parts and fittings therefor.

The Hearing Officer dealt with each of the applicants claims in turn. He concluded in the first instance that consent had been given by the registered proprietors and use by Rover Group in such circumstances was sufficient to constitute use by the proprietors themselves for the purposes of Section 46. He also found that use as a secondary mark was trade mark use; that the use shown was sufficient to constitute "genuine use" and that the term "off road vehicles" could include estate cars.