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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> IMAGINARIUM (Trade Mark: Revocation) [2002] UKIntelP o47902 (25 November 2002)
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o47902.html
Cite as: [2002] UKIntelP o47902
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IMAGINARIUM (Trade Mark: Revocation) [2002] UKIntelP o47902 (25 November 2002)
For the whole decision click here: o47902
Trade mark decision
- BL Number
- O/479/02
- Decision date
- 25 November 2002
- Hearing officer
- Mr J MacGillivray
- Mark
- IMAGINARIUM
- Classes
- 28
- Registered Proprietor
- Felix Tena Comadran
- Applicants for Revocation
- Geoffrey Inc
- Revocation
- Section 46(1)(a) or (b)
Result
Application for Revocation, Section 46(1) failed.
Points Of Interest
- 1. Use soley for export purposes.
- 2. Use; private or internal use.
Summary
The mark was registered in respect of "Games and playthings; all included in Class 28". The use shown by the registered proprietor involved manufacture in the UK for despatch to the registered proprietor in Spain; this, it was claimed, was use as defined in Section 46(2). The applicants disputed this, contending it was not 'export' and was not genuine use, merely "internal" or 'private' use.
Reviewing the evidence in the light of the relevant authorities, however, the Hearing Officer found that the use shown was 'export' use and could also be counted as 'genuine' use.
He also declined to reduce the scope of the specification under Section 46(5).