D was French company who made seaweed-based products, sold under mark ‘Laboratoires de la Mer’. C sought to have mark revoked in on grounds of non-use. D’s only sales were worth £800 to one Scottish buyer. Held:
· On facts, use of mark was genuine use.
· Sufficed that there was a genuine attempt to sell goods bearing the mark
Ø Fact that attempt was unsuccessful and that goods had not reached attention of consumers irrelevant.