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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> BIBA Art Deco Swirl Device (Trade Mark: Revocation) [2006] UKIntelP o35106 (7 December 2006)
URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o35106.html
Cite as: [2006] UKIntelP o35106
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BIBA Art Deco Swirl Device (Trade Mark: Revocation) [2006] UKIntelP o35106 (7 December 2006)
For the whole decision click here: o35106
Trade mark decision
- BL Number
- O/351/06
- Decision date
- 7 December 2006
- Hearing officer
- Mr M Foley
- Mark
- BIBA & Art Deco Swirl Device
- Classes
- 25
- 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, BL O/346/06 to BL O/350/06 and BL O/352/06.
Summary
The specification of the mark in suit covers “Articles of clothing for women and girls, but not including any such goods for export to Africa”.
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 suit in respect of articles of outer clothing and shoes for women and girls and he ordered that the specification of the mark in suit be restricted to read “Articles of outer clothing; shoes; all for women and girls; but not including any such goods for export to Africa”.