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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> SWEET FEET (Trade Mark: Revocation) [2004] UKIntelP o32104 (22 October 2004)
URL: http://www.bailii.org/uk/cases/UKIntelP/2004/o32104.html
Cite as: [2004] UKIntelP o32104
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SWEET FEET (Trade Mark: Revocation) [2004] UKIntelP o32104 (22 October 2004)
For the whole decision click here: o32104
Trade mark decision
- BL Number
- O/321/04
- Decision date
- 22 October 2004
- Hearing officer
- Mr J MacGillivray
- Mark
- SWEET FEET
- Classes
- 03
- Registered Proprietor
- Geneve International Limited
- Applicant for revocation
- Neil Morton
- Revocation
- Section 46(1)(b)
Result
Application for revocation: - Successful.
Points Of Interest
- 1. Genuine use; some activity on the part of the proprietor but not enough to amount to genuine use.
Summary
There having been no 'proper reasons for non-use' advanced, the sole issue before the Hearing Officer was whether there had been genuine use of the mark during the relevant five year period. The Hearing Officer was satisfied that there was nothing 'fake or sham' about the proprietor's activities in relation to the mark; indeed the evidence showed that the proprietor had not 'given up' on the product. However, the proprietor's activities did not amount to 'genuine use', given their scale and frequency, he found. The application for revocation succeeded accordingly.