Trade mark decision

BL Number

O/085/99

Decision date

17 March 1999

Hearing officer

Mr M Foley

Mark

CABANAS HABANA

Classes

34

Registered Proprietor

Consolidated Cigar Corporation

Applicants for Revocation

Corporation Habanos SA

Application for Revocation

Section 46(1)(b)

Result

Application for revocation successful

Application for revocation successful

Points Of Interest

• 1. Proper reasons for non use - trade embargo might provide proper reasons, but the particular circumstances had to be assessed.
• 2. Consideration of mark under Section 46(2).

Summary

The registered proprietor conceded that there had been no use of the mark during the relevant period but claimed that there were proper reasons for non-use, and there had been use of a mark falling within the provisions of Section 46(2). The Hearing Officer ruled the mark used did not fall within that Section, and went on to consider the reasons for non-use. These were found in the USA’s trade sanctions against Cuba. The Hearing concluded that whilst these could constitute proper reasons the registered proprietor had not shown any effort to overcome them in the 33 years of their existence.

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