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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 >> EASY RIDERS (Trade Mark: Revocation) [2001] UKIntelP o51101 (13 November 2001) URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o51101.html Cite as: [2001] UKIntelP o51101 |
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For the whole decision click here: o51101
Result
Section 46(1)(b) - Application for partial revocation successful
Points Of Interest
Summary
In considering the evidence of use, some of which referred to offers for sale via catalogues, the Hearing Officer addressed three questions, viz:-
Were the offers for sale alone sufficient to maintain the registration and if so for what range of goods. If not,
What actual use had the registered proprietors made of the trade mark EASYRIDERS within the relevant period and was this use sufficient to maintain the registration on any basis;
How should the phrase "none being for cyclists, motor cyclists or for horse riders" included in the specification be construed?
The Hearing Officer concluded:-
The offers for sale ought to be considered sufficient to maintain the registration "on some basis";
There was a substantial number of invoices referring to goods covered by the registration;
Targeting goods at motorcyclists did not mean that those goods were to be use "for the purposes of motorcycling".
He therefore ordered a limitation of the registrations specification of goods to reflect the actual use made of the mark
