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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> BIBA (Trade Mark: Revocation) [2006] UKIntelP o34606 (7 December 2006)
URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o34606.html
Cite as: [2006] UKIntelP o34606
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BIBA (Trade Mark: Revocation) [2006] UKIntelP o34606 (7 December 2006)
For the whole decision click here: o34606
Trade mark decision
- BL Number
- O/346/06
- Decision date
- 7 December 2006
- Hearing officer
- Mr M Foley
- Mark
- BIBA
- Classes
- 03
- Applicant for Revocation
- BIBA + Pariscop Daud GmbH
- Registered Proprietor
- Hachel International Foundation
- Revocation
- Section 46(1)(a) & (b)
Result
Section 46(1)(a) & (b): Application partially successful. Specification restricted to certain goods.
Points Of Interest
- See also cases BL O/344/06 and BL O/347/06 to BL O/352/06.
Summary
The specification of the mark in suit covers “Perfumes, cosmetics, non-medicated toilet preparations and preparations for the hair; all for woman and all for sale in England, Scotland and Wales and for export to and sale in the Channel Islands”.
The mark in suit dates back to the 1960’s and was first adopted by a Ms Barbara Hulanicki. The mark was acquired by the registered proprietor in 1975 and use after than dated appears to have been intermittent. The application for revocation was filed on 20 January 2005 so the relevant five year period for showing use covers the period 21 January 2000 to 20 January 2005.
The registered proprietor filed evidence of use of the mark in suit but the use shown was not clear cut and the evidence was not well focused. However, the Hearing Officer accepted that there had been use of the mark in respect of cosmetics and he ordered that the specification of the mark in suit be restricted to read “Cosmetics; all for woman and all for sale in England, Scotland and Wales and for export to and sale in the Channel Islands”.