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United Kingdom Intellectual Property Office Decisions |
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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> PAGODA (Trade Mark: Revocation) [2000] UKIntelP o25400 (24 July 2000) URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o25400.html Cite as: [2000] UKIntelP o25400 |
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For the whole decision click here: o25400
Result
Section 46(1)(b) - Revocation successful
Points Of Interest
Summary
The registered proprietors have three registrations for their PAGODA BRAND and device mark in Class 33 in respect of "Rice wine, alcoholic beverages and wines". Their claimed evidence of use was in respect of alcoholic drinks, de-alcoholised drinks and in particular rice wine and liqueurs. However, the evidence filed only substantiated use in respect of rice wine and liqueurs and no use whatsoever of goods which fall in Class 32 - the Class of the registered mark. Revocation allowed.
The Hearing officer noted that the marks registered in Class 33, and the mark as used, were different as compared to the PAGODA mark as registered.
