BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!
 |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | |
United Kingdom Intellectual Property Office Decisions |
||
|
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> DUAL (Trade Mark: Revocation) [2005] UKIntelP o30105 (11 November 2005) URL: http://www.bailii.org/uk/cases/UKIntelP/2005/o30105.html Cite as: [2005] UKIntelP o30105 |
||
[New search] [Printable PDF version] [Help]
For the whole decision click here: o30105
Result
Registration revoked in respect of one item only in the specification.
Points Of Interest
Summary
The mark was registered in respect of "record players, tape recorders, sound amplifiers, radio receiving apparatus, loudspeakers and fitted cabinets containing loudspeakers, and tuners for use with all the aforesaid goods, but not including metal framed fitted cabinets for loudspeakers".
There was considerable evidence of use of the mark DUAL. This had been used in two different formats on a range of goods. Essentially, the matter came down to two main issues:-had the mark been used in a form which did not alter the distinctive character of the mark as registered; was the use of the mark on combination units or multifunctional units used on the discrete items specified in the registration?
The Hearing Officer eventually concluded that the use of the mark on the items other than record players was use in the form as registered. The use on multifunctional units reflected developments in the trade occurring since registration and in this case should not result in revocation. The registration was therefore revoked only in respect of 'record players'. As the registered proprietor had been for the most part successful costs were awarded to them.
