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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> CHATEAU ROCHELLE (Trade Mark: Revocation) [2007] UKIntelP o05607 (22 February 2007)
URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o05607.html
Cite as: [2007] UKIntelP o5607, [2007] UKIntelP o05607
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CHATEAU ROCHELLE (Trade Mark: Revocation) [2007] UKIntelP o05607 (22 February 2007)
For the whole decision click here: o05607
Trade mark decision
- BL Number
- O/056/07
- Decision date
- 22 February 2007
- Hearing officer
- Mr G Salthouse
- Mark
- CHATEAU ROCHELLE
- Classes
- 33
- Applicant for Revocation
- Wycombe Wine Company Limited
- Registered Proprietor
- CM Vintners Limited
- Revocation
- Section 46(1)(a) & (b)
Result
Section 46(1)(a) & (b): Revocation allowed.
Points Of Interest
- None
Summary
The registered proprietor admitted that there had been no use of the mark as registered but claimed use of the mark ROCHELLE in relation to a sparkling Perry. Evidence to confirm this use indicated that user had been modest over a short period but the Hearing Officer accepted that the documentation indicated genuine use.
The applicant claimed that use of the mark ROCHELLE was insufficient to protect the mark as registered because, while CHATEAU is a non-distinctive term in relation to wines, its presence changes the perception of the mark as a whole.
The Hearing Officer considered the matter carefully and concluded that the absence of the word CHATEAU from the mark as registered altered its distinctive character. Thus the use of ROCHELLE did not protect the registration. Revocation allowed.