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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> MATE (Trade Mark: Revocation) [2008] UKIntelP o04408 (18 February 2008)
URL: http://www.bailii.org/uk/cases/UKIntelP/2008/o04408.html
Cite as: [2008] UKIntelP o4408, [2008] UKIntelP o04408
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MATE (Trade Mark: Revocation) [2008] UKIntelP o04408 (18 February 2008)
For the whole decision click here: o04408
Trade mark decision
- BL Number
- O/044/08
- Decision date
- 18 February 2008
- Hearing officer
- Mr M Reynolds
- Mark
- MATE
- Classes
- 16
- Applicant for Revocation
- Pramic Limited
- Registered Proprietor
- F Bender Ltd
- Revocation
- Section 46(1)(a) & (b)
Result
Section 46(1)(a): Revocation partially allowed.
Points Of Interest
- None
Summary
The registered proprietor filed sufficient evidence to convince the Hearing Officer that there had been genuine use of the mark in suit in relation to “table napkins”.
The mark in suit is registered for a range of napkins, place mats, towels, catering rolls, toilet rolls etc all make of paper and the Hearing officer gave careful consideration of as to the wording of a fair specification in the light of his finding of genuine use in relation to table napkins. In conclusion he decided to restrict the specification to the following goods:-
“Table napkins, serviettes, all made wholly or principally of papers, all included in Class 16 and being for sale to the vending machine, food, catering and hotel trades.”
Revocation ordered in respect of all other goods under Section 46(5) and under Section 46(1)(a) with effect from 18 September 2004.