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United Kingdom Intellectual Property Office Decisions
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EXTREME (Trade Mark: Revocation) [2006] UKIntelP o34206 (5 December 2006)
URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o34206.html
Cite as:
[2006] UKIntelP o34206
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EXTREME (Trade Mark: Revocation) [2006] UKIntelP o34206 (5 December 2006)
For the whole decision click here: o34206
Trade mark decision
- BL Number
- O/342/06
- Decision date
- 5 December 2006
- Hearing officer
- Mr M Foley
- Mark
- EXTREME
- Classes
- 18
- Applicant for Revocation
- Pan World Brands Limited
- Registered Proprietor
- Tripp Limited
- Revocation
- Section 46(1)(a) & (b)
Result
Section 46(1)(a) & (b): Revocation successful.
Points Of Interest
-
The registered proprietor appealed to the Appointed Person. In his decision dated 7 June 2007 (BL O/161/07) the Appointed Person allowed the registration to remain on the Register with a specification for "luggage".
Summary
The registered proprietor claimed use of the mark from 1997 to 2000 in respect of holdalls and other bags including luggage but the evidence was somewhat vague and there was a lack of hard evidence detailing sales and claims as to substantial turnover were qualified with words such as “estimated”. A claim that a new range was in course of developments from 2004 was again not supported with any corroborative evidence.
The Hearing Officer carefully considered the evidence filed and the submissions made at the hearing. In summary he was not convinced that there had been genuine use of the mark in suit during the relevant periods and allowed the application for revocation from the date of the application, being 4 November 2004.