Trade mark decision

BL Number

O/312/02

Decision date

2 August 2002

Hearing officer

Mr M Knight

Mark

WALKABOUT

Classes

32

Applicant for Revocation

E & J Gallo Winery

Revocation

Section 46(1)(a) & (b)

Result

Section 46(1)(a) & (b): - Revocation successful.

Points Of Interest

• 1. At the Hearing the registered proprietors were allowed to file additional evidence but costs were set at £2,400.
• 2. The applicants had claimed the registered proprietors had only made preparations to use their mark when they thought it might be attacked. The Hearing Officer found that this allegation was without foundation.

Summary

The registered mark was applied for on 14 December 1990 and the registration procedure completed on 29 May 1992. The application for revocation was filed on 4 April 2000 and related to a number of five years periods between 29 May 1992 and 4 April 2000.

In these proceedings the current proprietors relied on evidence filed by the original proprietors claiming user of the mark. They also filed additional evidence to show that steps had been taken in December 1999 to re-activate the brand and supplies were obtained under the mark in early May 2000. This was of course after the date of filing of the revocation action which was 4 April 2000.

The Hearing Officer carefully examined the evidence of use claimed but concluded that the evidence was insufficient to convince him that the mark in suit had been used during the relevant periods, or if it had been used that such use was authorised use by the registered proprietor.

As regards the later preparations for use, and use by the current proprietor, the Hearing Officer found the evidence to be sketchy and not in context. As a consequence he found that the application for revocation succeeded.