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“Metro”, “Metro Radio” & a question of genuine use

MetroThis article, which first appeared in the September 2015 ITMA Review, reviews a case which reiterates that, to prove genuine use, adequate proof of use needs to be submitted.

On 28 September 1994, Associated Newspapers Limited (‘ANL’) applied to register METRO in Class 16 (Registration No. 1586405 of 24 January 1997).

On 3 October 1997, Bauer Radio Limited (‘BRL’) applied to register METRO RADIO for a range of services covering advertising, marketing and promotional services (Class 35); telecommunications and a broad range of broadcasting services (Class 38); and a range of radio entertainment services and other activities including arranging, organising and provision of concerts, live and musical entertainment (Class 41) (Registration No. 2147054B of 23 July 1999).

On 22 May 2000, ANL filed an application for metro.co.uk and metro.com (series mark) under Application No. 2233378 which was published on 8 February 2008 for a wide range of goods and services in Classes 09 (digital music, etc.), 16, 35 (advertising and promotion of business services, etc.), 36, 38 (telecommunication services, etc.) and 41 (publishing services, organisation of exhibitions and shows, etc.). (more…)