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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> MICROGAS (Trade Mark: Revocation) [2007] UKIntelP o03307 (30 January 2007)
URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o03307.html
Cite as: [2007] UKIntelP o03307, [2007] UKIntelP o3307
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MICROGAS (Trade Mark: Revocation) [2007] UKIntelP o03307 (30 January 2007)
For the whole decision click here: o03307
Trade mark decision
- BL Number
- O/033/07
- Decision date
- 30 January 2007
- Hearing officer
- Mr D Landau
- Mark
- MICROGAS
- Classes
- 10
- Registered Proprietor
- Micro Medical Limited
- Applicants for Revocation
- Linde Medical Sensors AG
- Application for Revocation
- Section 46(1)(b)
Result
Application for revocation, Section 46(1)(b): Dismissed.
Points Of Interest
- 1. Internal use.
- 2. Specification; use; there is nothing to suggest that gas sensing apparatus for medical purposes is subject to sub-categorisation. To describe the goods by the nature of the gas that they have been used to monitor would be pernickety.
Summary
The mark was registered in respect of “gas sensing apparatus for medical purposes; apparatus for use in hospitals and nursing homes for measuring the concentration of a gas; all including in class 10”.
After a careful study of the evidence and relevant case law the Hearing Officer concluded that there had been genuine use on a scale sufficient to preserve the registration and the full scope of the specification. The application for revocation was dismissed.