Use it or lose it - hotel trademark revoked

A UK trademark for a hotel in the United States has been revoked because the owner failed to use it over a five-year period.

The trademark had been registered by an American hotel owner in 1999. A British hotelier later applied for it to be revoked on the grounds that it had not been put to genuine use within the five years following registration as required under the Trade Marks Act 1994.

The hotelier said the mark had not been used in respect of any of the services specified in the registration. The only services available were those provided in the US.

The American owners provided evidence that UK residents had stayed at the hotel between 2004 and 2006. It also had a sales office in London, although there was no evidence that anyone had used it to make bookings.

The court held that the owners had not shown that the mark had been used within the five years following registration and it should therefore be revoked.

 

March 2010

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