Trade mark decision

BL Number

O/105/05

Decision date

19 April 2005

Hearing officer

Mr G Salthouse

Mark

APILCO OVEN TO TABLEWARE

Classes

21

Registered Proprietor

Edward Hockley Holdings Limited

Applicants for Revocation

Deshoulieres Societe Anonyme

Applicantion for Revocation

Section 46(1)(a) & 46(1)(b)

Result

Application for revocation Section 46(1), failed.

Points Of Interest

• 1. Use of mark as registered; additional matter; conditions of registration.

Summary

The applicant for revocation was a manufacturer of the goods sold under the mark in suit. The mark in suit had not been used on the goods supplied by them for at least ten years. Hence, it was claimed, the mark had not been used. The registered proprietor, however had continued to use the mark on its invoices, albeit with some additional words on the shield device, "Domestic and Catering Porcelain". Was this use of the mark as registered?

It was a condition of registration that "the blank spaces in the mark shall, when the mark is in use, be occupied only by matter of a wholly descriptive and non-trade mark character".

The Hearing Officer found that as the additional words used on the mark fitted this description, the use of the mark had been used as registered.

With this point settled, the Hearing Officer went on to find that there had been use of the mark during the relevant periods.

The application for revocation failed accordingly.