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United Kingdom Intellectual Property Office Decisions
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LITTLE ME (Trade Mark: Revocation) [2005] UKIntelP o21305 (28 July 2005)
URL: http://www.bailii.org/uk/cases/UKIntelP/2005/o21305.html
Cite as:
[2005] UKIntelP o21305
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LITTLE ME (Trade Mark: Revocation) [2005] UKIntelP o21305 (28 July 2005)
For the whole decision click here: o21305
Trade mark decision
- BL Number
- O/213/05
- Decision date
- 28 July 2005
- Hearing officer
- Mr J MacGillivray
- Mark
- LITTLE ME
- Classes
- 18, 21, 24, 25, 28
- Registered Proprietor
- S. Schwab Company Inc.
- Applicants for Revocation
- Florarama
- Application for Revocation
- Section 46(1)(a)
Result
Application for revocation, Section 46(1)(a), partially successful.
Points Of Interest
-
1. Genuine use; geographical extent of use might be a factor in the overall assessment
Summary
The registered proprietor was able to demonstrate use, albeit on a limited range of goods, on a small scale, and only in Northern Ireland. However, the use was genuine decided the Hearing Officer and the use had been in the UK. (The issue was "whether the mark had been in genuine use within the jurisdiction and not the extent or geographical spread of the use, although in a wider context such issues may be factored into the overall consideration of whether there had been genuine use").
The registrations were reduced to reflect the actual use shown.