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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> THOMY (Trade Mark: Revocation) [2004] UKIntelP o33504 (8 November 2004)
URL: http://www.bailii.org/uk/cases/UKIntelP/2004/o33504.html
Cite as: [2004] UKIntelP o33504
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THOMY (Trade Mark: Revocation) [2004] UKIntelP o33504 (8 November 2004)
For the whole decision click here: o33504
Trade mark decision
- BL Number
- O/335/04
- Decision date
- 8 November 2004
- Hearing officer
- Mr M Foley
- Mark
- THOMY
- Classes
- 29, 30
- Registered Proprietor
- Société des Produits Nestlé SA
- Applicants for Revocation
- Apple Pan Limited
- Revocation
- Section 46(1)(b)
Result
Application for revocation largely successful.
Points Of Interest
- 1. Limitation of specification; the Hearing Officer was "not convinced that there is a species of goods that is provided to those in the food service trade"
Summary
The evidence established use only in respect of ketchup and mustard. There was no challenge to the genuinesses of this use. The Hearing Officer had to consider whether this was use in respect of a "commercial subset of goods" ie 'condiments' or whether the specifications should be reduced to "mustard; sauces being condiments" and whether this latter specification should be further qualified by the addition of “all for sale to providers of food services”.
In the result the Hearing Officer ruled that the registration should be cancelled in respect of Class 29, and its Class 30 specification should be reduced to "mustard; sauces being condiments".
The Hearing Officer was not convinced that there was a species of goods provided to those in the food trade, and the further limitation in the terms requested would create a specification of uncertain scope.