British
and Irish Legal Information Institute
Freely Available British and Irish Public Legal Information
[
Home]
[
Databases]
[
World Law]
[
Multidatabase Search]
[
Help]
[
Feedback]
United Kingdom Intellectual Property Office Decisions
You are here:
BAILII >>
Databases >>
United Kingdom Intellectual Property Office Decisions >>
NEW COVENT GARDEN SOUP CO. (Trade Mark: Revocation) [2005] UKIntelP o31205 (24 November 2005)
URL: http://www.bailii.org/uk/cases/UKIntelP/2005/o31205.html
Cite as:
[2005] UKIntelP o31205
[
New search]
[
Printable PDF version]
[
Help]
NEW COVENT GARDEN SOUP CO. (Trade Mark: Revocation) [2005] UKIntelP o31205 (24 November 2005)
For the whole decision click here: o31205
Trade mark decision
- BL Number
- O/312/05
- Decision date
- 24 November 2005
- Hearing officer
- Mr A James
- Mark
- NEW COVENT GARDEN SOUP CO.
- Classes
- 29
- Registered Proprietor
- New Convent Garden Soup Company Ltd
- Applicant for Revocation
- Convent Garden Market Authority
- Revocation
- Section 46(1)(a) & (b)
Result
Section 46(1)(a) & (b): - Application for revocation failed.
Points Of Interest
-
1. The Hearing Officer accepted that it was surprising that the applicant carried on with the proceedings when the registered proprietor filed its evidence. However, he decided that it was not an abuse of process and awarded costs within the normal scale.
Summary
The applicant for revocation claimed that there had been no relevant use of the mark in suit during the five year period prior to the filing of the application.
The registered proprietor filed extensive evidence of use, some of which showed use of the mark in suit with other marks and also in a roundel shape with a device of a bowl of soup. As the whole mark in suit was included in this latter representation, the Hearing Officer concluded that it was acceptable use of the mark in suit. He also decided that use with other trade marks was also acceptable use. The application for revocation thus failed.