Trade mark decision

BL Number

O/111/04

Decision date

23 April 2004

Hearing officer

Mr G Salthouse

Mark

TRIDENT

Classes

12

Registered Proprietor

Dunlop Tyres Limited

Applicants for Revocation

Trident Tyre Limited

Revocation

Section 46(1)(b)

Result

Application for revocation Section 46(1)(b) partly successful.

Points Of Interest

• 1. "There is no need for excessive detail in the description of goods/ services; a reasonable degree of generality can be tolerated".
• 2. Costs in proceedings before the Registrar.

Summary

The registered proprietor showed use of the mark on a tyre used on taxis, vintage/classic cars and on private cars. The applicant therefore sought to have the specification restricted to tyres for taxis but the Hearing Officer declined as it had not been shown that the tyres could only be used on taxis. However the registered proprietor had not shown use on "inner tubes and valves" and these were removed from the specification. This marginal success for the applicant would normally have resulted in an award of costs against them but as the proprietor could and should have provided better evidence the Hearing Officer declined to make an award of costs in their favour.