Gucci Double G Trade Mark revoked

Posted by Jane on November 22, 2013 / Posted in Trade Marks
Gucci Double G Trade Mark revoked

The Intellectual Property Office (IPO) has revoked a Gucci trademark. The interlocking double G trade mark was first registered in 1984 but was revoked on November 5th on grounds of non-use.

The trade mark was registered in 4 classes in the UK, class 3, 14, 18 and 25. These classes include perfume, jewellery and clothing.

In June 2012 German clothing firm and fashion rival Gerry Weber applied for the Gucci trade mark to be revoked on ground of non-use between 1st February 2003 and 31st January 2008 and 15th June 2007 and 14th June 2012. Under section 46(1)(b) of the Trade Marks Act 1994 UK trade marks can be revoked on grounds of non-use for an uninterrupted period of five years.

Gucci provided evidence of use in class 3 which was seen as sufficient and so the trade mark could stay registered in this class. The evidence provided consisted of invoices and dated catalogues which showed the logo used on their perfumes such as Gucci No 1. However, there was not enough evidence for use in the other classes in which the trade mark was registered. Some of the evidence that Gucci provided was not dated and did not show genuine use and was therefore not sufficient.

The IPO made a decision in favour of Gerry Weber and revoked the trade mark in these classes from 1st February 2008 Gucci are unable to protect the double G logo in any class other than class 3 which includes perfumes, soaps and cosmetics.

Gucci are able to appeal the decision of the IPO although no new evidence would be considered. The review would only look at whether the law had been applied correctly.

For the full report on the IPO decision please visit:

http://www.ipo.gov.uk/types/tm/t-os/t-find/t-challenge-decision-results/o44113.pdf

By Victoria Knight student at University of Law Guildford

Jane Coyle
This entry was posted on November 22, 2013 and is filed under Trade Marks. You can follow our blog through the RSS 2.0 feed.

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