Trade mark decision

BL Number

O/291/05

Decision date

27 October 2005

Hearing officer

Mr M Reynolds

Mark

BARONI’S

Registered Proprietor

Davide Baroni

Applicant for Revocation

Lidl Stiftung & Co KG

Applications for Revocation

Section 46(1)(a)

Result

Application for revocation, Section 46(1), largely successful

Points Of Interest

• Olive oil and other edible oils are commercially distinctive products.

Summary

The mark was registered in respect of "edible oils; olive oil, preserved, dried and cooked fruits and vegetables; jellies, jams and fruit sauces; meat extracts."

The evidence of use filed by the proprietor related solely to olive oil. The Hearing Officer concluded that the proprietor had a valid defence in respect of olive oil. There had been no use in respect of the other non-oil products in the specification. The only question, therefore, was whether "edible oils" should be allowed to remain in the specification. The Hearing Officer concluded that it should not; the manufacture, distribution and use of olive oils and other edible oils made them “commercially distinct items” and the proprietor’s own specification made this distinction.

The registration was therefore revoked in respect of all products other than olive oil

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URL: http://www.bailii.org/uk/cases/UKIntelP/2005/o29105.html