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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> PEACHCANEI (Trade Mark: Revocation) [2005] UKIntelP o11905 (27 April 2005)
URL: http://www.bailii.org/uk/cases/UKIntelP/2005/o11905.html
Cite as: [2005] UKIntelP o11905
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PEACHCANEI (Trade Mark: Revocation) [2005] UKIntelP o11905 (27 April 2005)
For the whole decision click here: o11905
Trade mark decision
- BL Number
- O/119/05
- Decision date
- 27 April 2005
- Hearing officer
- Mr G Salthouse
- Mark
- PEACHCANEI
- Classes
- 33
- Applicant for Revocation
- Fratelli Martini Secondo Luigi S.p.A
- Registered Proprietor
- Distillerie Fratelli Ramazzotti S.p.A
- Revocation
- Section 46(1)(a) & (b) & 46(5)
Result
Section 46(1)(a) & (b): - Succeeded to the limited extent that "spirits and liqueurs" excluded from one specification.
Section 46(5) - Revocation action failed other than as noted above.
Points Of Interest
- 1. See also BL O/118/05 (Invalidity) and BL O/120/05 (Opposition).
Summary
The application for revocation claimed non-use of the marks in suit in the five year period prior to 2 July 2002, the date of the application or in the alternative the five year period prior to 10 September 2001. This latter date was the filing of its own application for registration of a mark which is being opposed by the registered proprietor. Further, if use of the marks in suit was shown, the applicant asked that the specifications of the marks in suit be restricted to the goods on which use had taken place.
The registered proprietor filed evidence of use of all three marks in respect of wine based cocktails in the nature of alco pops. The Hearing Officer accepted that such use, while not extensive, supported the wine element of the specifications of the marks in suit and it would not be appropriate to limit the specifications to particular types of wines. There was also a question mark as to the use of the script version of the CANEI mark since in use, it was used with a device element of a heraldic nature. However, the Hearing Officer concluded that the presence of this device in the mark, as used, did not change the distinctive character of the mark, since it was very obscure and would not offer any clear conceptual image to the average customer which would affect their recollection of the mark in suit.
The specification of the CANEI (in script) mark contained the terms "spirits and liqueurs" in addition to wines and the registered proprietor admitted that there had been no use of the mark in relation to such goods.
Overall the revocation action was successful to the limited extent that "spirits and liqueurs" were excluded from the specification of mark No. 1493906, but failed in respect of marks Nos 1114411 and 1336613.