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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> NELLIE THE ELEPHANT (Trade Mark: Revocation) [2003] UKIntelP o39203 (15 December 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o39203.html
Cite as: [2003] UKIntelP o39203
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NELLIE THE ELEPHANT (Trade Mark: Revocation) [2003] UKIntelP o39203 (15 December 2003)
For the whole decision click here: o39203
Trade mark decision
- BL Number
- O/392/03
- Decision date
- 15 December 2003
- Hearing officer
- Mr M Reynolds
- Mark
- NELLIE THE ELEPHANT
- Classes
- 41
- Registered Proprietor
- Animated Music Ltd
- Applicants for revocation
- Dash Music Co Limited
- Application for revocation
- Section 46(1)(b)
Result
Application for revocation, Section 46(1)(b) - Successful.
Points Of Interest
- 1. Trade mark use; name of cartoon character; indication of subject matter not trade origin.
Summary
This was one of two related actions involving the same mark and the same parties, the other being an applicaton for invalidation heard on the same day (see BL O/391/03). In this action the applicants alleged that the mark had not been used for a continuous period of five years.
Having examined the evidence of use the Hearing Officer concluded that the mark had been used not as a trade mark but as an indication of the subject matter of the films on which it had appeared. It was not an indicator of trade origin. The application for revocation succeeded accordingly.