Trade mark decision

BL Number

O/223/05

Decision date

3 August 2005

Hearing officer

Mr M Reynolds

Mark

MINIMAX

Classes

01, 09, 17, 21, 22, 37

Registered Proprietor

Chubb Fire Limited

Applicants for Revocation

Minimax GmbH & Co KG

Application for Revocation

Section 46(1)(b)

Result

Application for revocation Section 46(1)(b): - Successful.

Points Of Interest

• 1. Genuine use; preparations for use; use on ancillary services.
• 2. Proper reasons for non-use.
• 3. Query; can substantial use in the past inform the assessment of use in the relevant period?

Summary

The marks were registered in respect of fire extinguishers and had a very long history of past use. The main issues to be decided by the Hearing Officer were:- was there use of the marks during the relevant periods; did the preparations for a re-launch of the product after a long period of non-use constitute genuine use; did the re-fill services amount to use of the marks; did the corporate and restructuring changes affecting the Chubb Group constitute proper reasons for non-use?

From the evidence, the Hearing Officer decided the first three of these questions in favour of the applicant for revocation. There was no use shown in respect of the product; there was nothing to show that the ancillary re-fill services were conducted under anything but the Chubb name, and the preparations for use did not appear to have reached the stage where the relevant public would have been aware of them.

As to the disruption arising from the corporate changes, nothing had been shown that could have impinged on the Minimax mark/product itself.

The registrations were therefore revoked.