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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> THE HOME DEPOT (Trade Mark: Revocation) [2007] UKIntelP o07307 (8 March 2007)
URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o07307.html
Cite as: [2007] UKIntelP o7307, [2007] UKIntelP o07307
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THE HOME DEPOT (Trade Mark: Revocation) [2007] UKIntelP o07307 (8 March 2007)
For the whole decision click here: o07307
Trade mark decision
- BL Number
- O/073/07
- Decision date
- 8 March 2007
- Hearing officer
- Mr G Salthouse
- Mark
- THE HOME DEPOT
- Classes
- 02, 06, 07, 08, 11, 19, 42
- Registered Proprietor
- Homer TLC Inc
- Applications for Revocation
- Demp BV
- Application for Revocation
- Section 46(1)(b)
Result
Application for revocation, Section 46(1)(b) successful.
Points Of Interest
- Use of trade mark on the internet.
Summary
The registered proprietor claimed to have made efforts to obtain retail outlets n Europe and to have advertised his goods at trade shows and in magazines obtainable in the UK. He also claimed that his goods were available on line.
The Hearing Officer having reviewed the matter however found that the registered proprietor had not shown, ‘on the balance of probabilities’ any use of the marks in the UK. Neither had he shown proper reasons for non-use.
The registrations were revoked accordingly.