Trade mark decision

BL Number

O/230/08

Decision date

11 August 2008

Hearing officer

Mr O Morris

Mark

FUN RADIO

Classes

25, 35, 38, 41

Applicant for Revocation

Children’s Radio UK Ltd

Registered Proprietor

Societe D’Exploitation Radio Chic

Revocation

Section 46(1)(a) & (b)

Result

Section 46(1)(a): Application for revocation successful. Section 46(1)(b): Not considered.

Points Of Interest

• Whether or not oral use of words appearing in a mark is sufficient to defend a registration. Depends on the make-up of the mark at issue.

Summary

The registered proprietor filed details of use of its mark but such use consisted of the words FUN RADIO and RUN RADIO stylised on a colour background. No use of the mark as registered was shown.

The Hearing Officer noted that the words FUN RADIO were not highly distinctive and went on to find that the mark was registered consisted of the words FUN RADIO (stylised) with a graphical element consisting of three coloured bands with stylised red and yellow circles. As applied for the colours of the graphical background were claimed as an element of the mark. Having considered the matter carefully the Hearing officer concluded that the marks used by the registered proprietor differed in distinctive character as compared to the mark as registered. Such use could not defend the registration and the Hearing Officer went on to find the application for revocation successful under Section 46(1)(a).