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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> STARBRITE (Trade Mark: Invalidity) [1998] UKIntelP o06498 (13 March 1998)
URL: http://www.bailii.org/uk/cases/UKIntelP/1998/o06498.html
Cite as: [1998] UKIntelP o06498, [1998] UKIntelP o6498
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STARBRITE (Trade Mark: Invalidity) [1998] UKIntelP o06498 (13 March 1998)
For the whole decision click here: o06498
Trade mark decision
- BL Number
- O/064/98
- Decision date
- 13 March 1998
- Hearing officer
- Mr M Reynolds
- Mark
- STARBRITE
- Classes
- 26
- Applicant for Invalidity
- T D Reid (Braids) Limited
- Registered Proprietor
- Elastex Ltd
- Invalidity
- Sections 47 & 3(6)
Result
Sections 47 & 3(6) - Invalidity action successful
Points Of Interest
- None.
Summary
The applicants for invalidity claimed that the mark STARBRITE had been used as an unregistered mark by the firm, Archibald Turner & Co for several years before it went into liquidation in 1992. At that time the mark and other assets had been acquired from the Liquidators of Archibald Turner & Co by the applicants and they claimed to have used it from that date onwards. Thus they said, they owned the mark and rights and goodwill in the mark and the mark had been registered in bad faith by the registered proprietor.
The registered proprietor had not filed a counterstatement or evidence to rebut the claims made by the applicants but their attorneys of record filed a letter to confirm that the registered proprietor had been dissolved and appeared to have no further interest in the mark.
The Hearing Officer noted that there were some gaps in the applicant's evidence but taking an overall view of the situation and the absence of any rebuttal by the registered proprietor, he found that the mark had been registered contrary to Section 3(6) of the Act.