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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> SPRING (Trade Mark: Revocation) [2004] UKIntelP o10104 (14 April 2004)
URL: http://www.bailii.org/uk/cases/UKIntelP/2004/o10104.html
Cite as: [2004] UKIntelP o10104
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SPRING (Trade Mark: Revocation) [2004] UKIntelP o10104 (14 April 2004)
For the whole decision click here: o10104
Trade mark decision
- BL Number
- O/101/04
- Decision date
- 14 April 2004
- Hearing officer
- Mr M Reynolds
- Mark
- SPRING
- Classes
- 11
- Registered Proprietor
- Jacuzzi UK Group Plc
- Applicants for Revocation
- Watkins Manufacturing Corporation
- Revocation
- Section 46(1)(b)
Result
Application for revocation, Section 46(1)(b) - Successful.
Points Of Interest
- 1. Use of a mark as registered
- 2. Genuine use.
Summary
The applicants alleged that there had been no use and no proper reasons for non-use for an uninterrupted period of five years.
The first questions addressed by the Hearing Officer were i) whether the use in various formats, shown by the proprietor was use of the mark as registered and ii) whether the differences in use altered the distinctive character of the mark in the form as registered.
After detailed consideration he found that the combined effect of the differences did indeed alter the distinctive character of the mark as registered and this decided the matter in favour of the applicants for revocation.
However, he went on to consider if the use shown was genuine use during the relevant period. In this too he found that the proprietors’ evidence did not satisfy on this point.
The application for revocation succeeded accordingly.