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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> WEST COAST device (Trade Mark: Revocation) [2008] UKIntelP o04708 (19 February 2008)
URL: http://www.bailii.org/uk/cases/UKIntelP/2008/o04708.html
Cite as: [2008] UKIntelP o04708, [2008] UKIntelP o4708
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WEST COAST device (Trade Mark: Revocation) [2008] UKIntelP o04708 (19 February 2008)
For the whole decision click here: o04708
Trade mark decision
- BL Number
- O/047/08
- Decision date
- 19 February 2008
- Hearing officer
- Mr O Morris
- Mark
- WEST COAST & device
- Classes
- 12, 18, 25
- Registered Proprietor
- Fine White Line Limited
- Applicants for Revocation
- Vanilla Gorilla LP
- Application for Revocation
- Sections 46(1)(a) & 46(1)(b)
Result
Application for revocation, successful for the most part.
Points Of Interest
- Section 46(2) : use of mark in formats other than as registered.
Summary
Having reviewed the evidence of use in respect of the Class 12 goods the Hearing Officer concluded that it only gave information about the origin of the business that was retailing the motorcycles. The application therefore succeeded in respect of the whole of the Section 12 specification. The mark had been used (in various formats; which, however, the Hearing Officer accepted under Section 46(2)) in respect of “Casual outer clothing, hats, caps and belts; all for the leisure wear” in Class 25.