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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> BIG BLUE (Trade Mark: Revocation) [2004] UKIntelP o11804 (28 April 2004)
URL: http://www.bailii.org/uk/cases/UKIntelP/2004/o11804.html
Cite as: [2004] UKIntelP o11804
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BIG BLUE (Trade Mark: Revocation) [2004] UKIntelP o11804 (28 April 2004)
For the whole decision click here: o11804
Trade mark decision
- BL Number
- O/118/04
- Decision date
- 28 April 2004
- Hearing officer
- Mr J MacGillivray
- Mark
- BIG BLUE
- Classes
- 09
- Registered Proprietor
- Big Blue Products Inc
- Applicants for Revocation
- Big Blue Box Studios Limited
- Application for Revocation
- Section 46(1)(a)
Result
Application for revocation successful.
Points Of Interest
- 1. Genuine use; use of a mark differing from mark as registered.
- 2. Use; on or in relation to goods/services specified.
Summary
This was one of two closely related actions, in which the same allegations respecting use of the mark were made. The decision in relation to the other is set out in BL O/117/04).
The mark actually used had been BIG BLUE PRODUCTS INC. This, the Hearing Officer decided, had constituted use of the registered mark.
The Hearing Officer went on to consider if the use had been in relation to the goods specified. It had not, he found; the marks had been used in respect of services in Class 35 but this had been neither on nor in relation to the goods specified.