Trade mark decision

BL Number

O/336/06

Decision date

27 November 2006

Hearing officer

Mr M Reynolds

Mark

TEC-WOOD

Classes

19, 20

Applicant for Revocation

Techwood International Ltd

Registered Proprietor

John Blackburn

Revocation

Section 46(1)(b)

Result

Section 46(1)(b): Revocation allowed.

Points Of Interest

• None.

Summary

The registration process of the mark in suit was completed on 23 April 1999. The application for revocation was made on 30 April 2004 so the relevant period is 30 April 1999 to 29 April 2004. Following the evidence stages the proprietor Mr Blackburn died but the proceedings continued even though it is not yet clear who owns the mark.

The registered proprietor filed evidence to the effect that it had an intention to develop a synthetic wood material and to manufacture doors from such material. A prototype door was produced and contact was made with a number of individuals who had expressed interest in the product but there was no evidence to suggest that the proprietor had moved beyond the product development stage or that he was about to put his product on the market. The Hearing Officer also expressed the view that there was doubt as to whether or not the specifications of the mark in suit covered doors.

The Hearing Officer carefully considered the evidence before him and considered that even taking a generous view of the evidence, he was not convinced that there had been any genuine use or that preparations had reached a stage where a product was to go on the market. The proprietor had not advanced any reason for non-use. Revocation allowed.