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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> A TO ZINC (Trade Mark: Revocation) [2001] UKIntelP o34701 (14 August 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o34701.html
Cite as: [2001] UKIntelP o34701
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A TO ZINC (Trade Mark: Revocation) [2001] UKIntelP o34701 (14 August 2001)
For the whole decision click here: o34701
Trade mark decision
- BL Number
- O/347/01
- Decision date
- 14 August 2001
- Hearing officer
- Mr G Salthouse
- Mark
- A TO ZINC
- Classes
- 05
- Registered Proprietor
- Laboratories Arkopharma S.A.
- Applicants for Revocation
- American Cyanamid Company
- Application for Revocation
- Section 46(1)(b)
Result
Section 46(1)(b): - Application for partial revocation successful.
Points Of Interest
- "Substantiality is a factor to be considered within the overall test of genuineness and not a separate hurdle that a registered proprietor must overcome".
Summary
The evidence of use filed by the registered proprietor showed very minimal use of the "strap line" From A to Zinc, in company with the dominant feature, the mark AZINC. The Hearing Officer considered that the registered proprietor had not discharged the onus placed upon him by Section 100 and the registration was amended in the manner requested by the applicants.