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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> OXYFRESH (Trade Mark: Rectification) [1999] UKIntelP o09599 (25 March 1999)
URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o09599.html
Cite as: [1999] UKIntelP o9599, [1999] UKIntelP o09599
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OXYFRESH (Trade Mark: Rectification) [1999] UKIntelP o09599 (25 March 1999)
For the whole decision click here: o09599
Trade mark decision
- BL Number
- O/095/99
- Decision date
- 25 March 1999
- Hearing officer
- Mr S J Probert
- Mark
- OXYFRESH
- Classes
- 03, 04, 05
- Registered Proprietor
- Mayfair Projects Limited
- Applicants for Rectification and a declaration of Invalidity
- Oxyfresh Worldwide Inc
- Invalidation
- Section 47(1)
Result
Section 47(1) - Application successful; registration removed.
Section 47(1) - Application successful; registration removed.
Points Of Interest
- 1. Bad faith : bona fide intention to use the mark.
Summary
At the outset the Hearing Officer pointed out, by reference to Section 64(1), that an application for rectification could not be made in conjunction with in invalidity action. The application for rectification was withdrawn accordingly. The application for invalidation was based on the allegation that the registered proprietor had never had a bona fide intention to use the mark. Consequently the application for registration had been made in bad faith, and had been registered contrary to the provisions of Section 3(6). The Hearing Officer found that the applicants’ evidence established a strong prima facie case of bad faith and this had not been adequately dealt with by the registered proprietor. He therefore declared the registration invalid.