BIBA - 0859762

• Date: 13 June 2014
• Administrative Decision Number: 0859762
• opponent: BIBA GmbH
• Section: Trade Marks Act, 1996 - 2008-2017

1

TRADE MARKS ACT, 1996

Decision in Hearing

In the matter of an application for the revocation of the registration of Trade Mark No.

0859762 and in the matter of the registered Holder’s opposition thereto.

HOUSE OF FRASER (STORES) LIMITED Applicant

BiBA GmbH Holder

The registered trade mark

1. BiBA GmbH of Daimlerstrasse 3, 47167 Duisburg, Germany is the registered Holder of

the trade mark ‘BiBA’. The mark is registered under No. 0859762 in Classes 9 and 14 in

respect of the following specification of goods:

Class 9: Spectacles and sunglasses.

Class 14: Precious metals and their alloys as well as goods made thereof or coated

therewith, as far as included in this class; jewellery, fashion jewellery, precious stones,

clocks and watches.

2. The application for registration of the mark was filed under the Trade Marks Act, 1996

(the “Act”) with a priority date of 2 February, 2005 which is deemed to be the date of

registration. Publication of the registration of the mark appeared in Journal No. 2042 on

22 March, 2006.

The application for revocation

3. On 1 April, 2011 HOUSE OF FRASER (STORES) LIMITED, a limited liability

company organised under the laws of Scotland, of Granite House, 31 Stockwell Street,

Glasgow G1 4RZ, Scotland, made an application for the revocation of the registration

pursuant to the provisions of Section 51 of the Trade Marks Act, 1996 (“the Act”). The

application is grounded on claims the mark, within the period of 5 years following the

date of publication of protection, was not put to genuine use in the State, by or with the