LOCOG's trade mark: a new Olympic record?

A LOCOG inspector checks whether the
Christmas tree decorations are genuine
LOCOG products ...

The question whether the right to control Olympic-related advertising trumps the right to sell things that look, sound and act like trade marks but aren't [see yesterday's post here] has caused the IPKat to do a little gentle scratching.  On 6 July 2005 the bid by London to host the 2012 Olympics was successful, the city scraping ahead of Paris by just four votes. Just eight days later the British Olympic Association filed a UK trade mark application in all 45 Classes for the word LOCOG (the acronym of the London Organizing Committee for the Olympic Games). The mark was registered in 12 May 2006, so rather more than five years has elapsed and it is disappointingly apparent to this Kat that the mark has not been used for all the goods and services within its ample specification [Not that it matters, the Trade Marks Act 1994, s.46 (1), provides that

"The registration of a trade mark may be revoked on any of the following grounds-
(a) that within the period of five years following the date of completion of the registration procedure it has not been put to genuine use in the United Kingdom, by the proprietor or with his consent, in relation to the goods or services for which it is registered, and there are no proper reasons for non-use;]  

Among other things, the word LOCOG has been registered for:

"Class 05: nutritional healthfood supplements; vitamin and mineral preparations; vitamins; minerals [Illegal performance-enhancing drugs? Says Merpel, there's a good market for them and the Olympic Games are traditionally associated with their use]. 

Class 10: artificial limbs [unless they're intended for Olympic use: see the sad case of Oscar Pistorius], 

Class 11: torches [ ... but the Olympic one has become the centre of a bit of a controversy of late]; 

Class 12: apparatus for locomotion by land; land vehicles; apparatus for locomotion by air; apparatus for locomotion by water [just wondering whether LOCOG might be a little descriptive for cogs used in locomotion ...]. 

Class 14:  sundials [For London in the summer? A little optimistic]; 

Class 16: typewriters [what are the odds against LOCOG for typewriters ever being the subject of an infringement action?]; 

Class 18: whips [Witty comments in poor taste made by Merpel, deleted by the IPKat];  

Class 25: babies napkins made of textile material [Oh for a US style 'intent-to-use' doctrine!];  

Class 27: Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors [Are equivalent materials for covering non-existing floors 'similar goods' under the harmonisation Directive ...?];  

Class 28: decorations for Christmas trees [What about the Olympic ethos of embracing different cultures? Not everyone is comfortable with Christmas trees]; 

Class 34: Tobacco [Banned from the Olympics by China -- for spectators at any rate]; 

Class 35: Advertising, marketing and promotional services [no disclaimer here in respect of ambush marketing services];

Class 45: Security services for the protection of property and individuals [Merpel wonders if this includes intellectual property too ...]".

Readers are invited to inspect the list of goods and services and share their thoughts with the various Kats.