Decision Nº O/483/21 from Intellectual Property Office - (Trade market), 25 June 2021

JudgeMr C Bowen
Registration NumberUK00001454334
Date25 June 2021
CourtIntellectual Property Office (United Kingdom)
Administrative Decision NumberO/483/21
BL O-483-21
TRADE MARKS ACT 1994
IN THE MATTER OF:
APPLICATION NO. 503285
TO REVOKE ON THE GROUNDS OF NON-USE
TRADE MARK REGISTRATION
NO. 1454334
OF THE MARK:
OWNED BY
bioMérieux
2
Background
1. These proceedings concern the trade mark shown on the cover page of this
decision. It was filed on 31 January 1991 (claiming an International Convention priority
date of 6 August 1990 from an earlier filing in France) and entered in the register on 3
March 1995. The trade mark is registered in class 10 in the name of bioMérieux (“the
proprietor”) in respect of the following goods:
Apparatus for analysis; all for medical use; all included in Class 10.
2. On 13 August 2020, Vidya Holdings Ltd (“the applicant”) applied for the revocation
in full of the above trade mark, relying upon sections 46(1)(a) and (b) of the Trade Marks
Act 1994 (“the Act”). Under section 46(1)(a), “the relevant period” is 4 March 1995 to
3 March 2000 (with revocation sought from 4 March 2000). Under section 46(1)(b), the
relevant periods/date of revocation sought are as follows:
4 March 2004 to 3 March 20094 March 2009;
19 November 2013 to 18 November 2018 19 November 2018;
7 August 2015 to 6 August 2020 7 August 2020.
3. The applicant states:
If it is shown that the trade mark has been put to genuine use within the relevant
periods in relation to some of the goods and not all, or that the use shown is not
sufficient to prove use of the broad term “apparatus for analysis”, the Applicant
requests partial revocation of the Registration in accordance with s46(5) of the
Trade Marks Act 1994. Similarly, if proper reasons for non-use within the relevant
period is provided only in relation to part of the goods covered by the Registration
and not all, the Applicant requests partial revocation of the Registration
accordingly.

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