Trade mark decision

BL Number

O/300/08

Decision date

3 November 2008

Hearing officer

Mr M Bryant

Mark

DUCCIO

Classes

25

Applicant for Revocation

Guccio Gucci S.P.A.

Registered Proprietor

Ishtiaq Hussain Esq

Revocation

Section 46(1)(a) & (b) & 46(5)

Result

Section 46(1)(a): Revocation allowed. Section 46(5): Not relevant.

Points Of Interest

• None.

Summary

Mr Hussain, the registered proprietor, owns a registration for the mark DUCCIO in class 25 in respect of articles of clothing. An application for full or partial revocation was filed on 17 January 2007. The applicant claimed that there had been no use of the mark in suit in the five year periods 23 June 2001 to 22 June 2006 and between 16 January 2002 and 15 January 2007.

The registered proprietor filed evidence of claimed use during the relevant periods but this evidence was poorly focused and lacked clarity in that it failed to show that there had in fact been real use of the mark in suit in relation to the manufacture and /or sale of articles of clothing. The registered proprietor made an application at the hearing to file late evidence to support his registration but this request was refused by the Hearing Officer as he considered that this evidence suffered from the same defects as the original evidence. A second request to file further evidence subsequent to the hearing was also rejected by the Hearing Officer.

As no genuine use of the mark in suit was proved by the proprietor, revocation allowed in full with effect from 23 June 2001.