Trade mark decision

BL Number

O/162/07

Decision date

8 June 2007

Hearing officer

Mr M Reynolds

Mark

REMUS

Classes

25

Applicant for Revocation

Remys Limited

Registered Proprietor

Douglas & Grahame Limited

Revocation

Section 46(1)(b)

Result

Section 46(1)(b): Application successful.

Points Of Interest

• The registered proprietor appealed to the Appointed Person. In his decision dated 28 February 2008 (BL O/061/08) the Appointed Person allowed the appeal and reversed the Hearing Officer's decision. Application for revocation refused.

Summary

The application for revocation was filed on 20 February 2007 so the relevant period of claimed non-use covers the period 25 February 2000 to 25 February 2005.

The registered proprietor filed evidence of use but this related to a period well outside the time period referred to above and other evidence referred to in the proprietor’s declaration was not well focused in that some was in the Italian language and some was undated. Details of claimed promotional expenditure related to more than one mark. In fact the evidence showed that the proprietor’s use related to use of the mark REMUS UOMO (also registered) but the proprietor claimed that this use protected the mark REMUS. UOMO is the Italian word for “man”.

The Hearing Officer carefully considered the use claimed and gave exhaustive consideration as to the nature of the word UOMO particularly as to its distinctive character in the UK and/or whether it would be recognised by consumers in the UK as merely a descriptive element in the mark REMUS UOMO. He concluded that UOMO was unlikely to be widely recognised in the UK as the Italian word for “man” and went on to conclude that use of the mark REMUS UOMO did not protect the registration of the mark REMUS. Application for revocation allowed.