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United Kingdom Intellectual Property Office Decisions
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ORIENT EXPRESS (Trade Mark: Revocation) [2008] UKIntelP o09508 (2 April 2008)
URL: http://www.bailii.org/uk/cases/UKIntelP/2008/o09508.html
Cite as:
[2008] UKIntelP o9508,
[2008] UKIntelP o09508
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ORIENT EXPRESS (Trade Mark: Revocation) [2008] UKIntelP o09508 (2 April 2008)
For the whole decision click here: o09508
Trade mark decision
- BL Number
- O/095/08
- Decision date
- 2 April 2008
- Hearing officer
- Mr G Salthouse
- Mark
- ORIENT EXPRESS
- Classes
- 29, 30, 31, 32, 33, 34
- Registered Proprietor
- Societe National Des Chemins De Fer SNCF
- Applicants for Revocation
- Oriental Express Frozen Foods Limited
- Application for Revocation
- Sections 46(1)(a) & 46(1)(b)
Result
Application for revocation, Section 46, substantially successful.
Points Of Interest
-
1. Relevant date in respect of a number of registrations later merged into one.
-
2. Use of mark as registered.
-
3. Use of mark in respect of items bearing other marks but grouped together and offered for sale under the registered mark.
Summary
The evidence filed by the proprietor showed limited, though ‘genuine’ use on some, only, of the items in respect of which the mark was registered. Some items, though bearing the marks of other manufacturers, were offered for sale and sold as ‘hampers’ under the mark in suit. The Hearing Officer considered that this was use of the mark in respect of those items. The specifications were reduced so as to exclude all the items on which use could not be shown.