Trade mark decision

BL Number

O/511/01

Decision date

13 November 2001

Hearing officer

Mr M Knight

Mark

EASY RIDERS

Classes

25

Registered Proprietor

Paisano Publications Inc

Applicants for Declaration of Revocation

The H.D. Lee Company Inc

Application for Revocation

Section 46(1)(b)

Result

Section 46(1)(b) - Application for partial revocation successful

Points Of Interest

• 1. Genuine Use
• 2. Goods targeted at a specific market use are not necessarily "for the purposes" of that market.

Summary

In considering the evidence of use, some of which referred to offers for sale via catalogues, the Hearing Officer addressed three questions, viz:-

Were the offers for sale alone sufficient to maintain the registration and if so for what range of goods. If not,

What actual use had the registered proprietors made of the trade mark EASYRIDERS within the relevant period and was this use sufficient to maintain the registration on any basis;

How should the phrase "none being for cyclists, motor cyclists or for horse riders" included in the specification be construed?

The Hearing Officer concluded:-

The offers for sale ought to be considered sufficient to maintain the registration "on some basis";

There was a substantial number of invoices referring to goods covered by the registration;

Targeting goods at motorcyclists did not mean that those goods were to be use "for the purposes of motorcycling".

He therefore ordered a limitation of the registrations specification of goods to reflect the actual use made of the mark