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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> ICU ORIGINAL HARDWARE (Trade Mark: Opposition) [2004] UKIntelP o05404 (27 February 2004)
URL: http://www.bailii.org/uk/cases/UKIntelP/2004/o05404.html
Cite as: [2004] UKIntelP o05404, [2004] UKIntelP o5404
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ICU ORIGINAL HARDWARE (Trade Mark: Opposition) [2004] UKIntelP o05404 (27 February 2004)
For the whole decision click here: o05404
Trade mark decision
- BL Number
- O/054/04
- Decision date
- 27 February 2004
- Hearing officer
- Mr M Foley
- Mark
- ICU ORIGINAL HARDWARE
- Classes
- 25
- Applicant for Revocation
- Primetex
- Registered Proprietor
- KK Soni International Limited
- Revocation
- Section 46(1)(b)
Result
Section 46(1)(b): - Request for revocation successful.
Points Of Interest
- 1. None
Summary
The registered proprietor claimed that there had been use of the mark in suit during the relevant period; also that there had been use of other ICU and ICU logo marks by both the registered proprietor and an associated company.
The Hearing Officer examined carefully the evidence before him but was concerned by the lack of detail and confirmation of use as regards relevant goods; relevant dates and precisely what marks were used during the relevant period. The Hearing Officer concluded that no use of the mark in suit had been filed and as other ICU and ICU logo marks were different from the mark in suit, any such use could not assist the registered proprietor. As the onus was on the proprietor to show use of its mark during the relevant five year period, and had failed to do so, the applicant was deemed successful with its application.