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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> IVANA (Trade Mark: Invalidity) [2000] UKIntelP o39300 (23 October 2000)
URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o39300.html
Cite as: [2000] UKIntelP o39300
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IVANA (Trade Mark: Invalidity) [2000] UKIntelP o39300 (23 October 2000)
For the whole decision click here: o39300
Trade mark decision
- BL Number
- O/393/00
- Decision date
- 23 October 2000
- Hearing officer
- Dr W J Trott
- Mark
- IVANA
- Classes
- 03, 14, 25
- Applicant
- The House of Ivana Inc
- Invalidation
- Sections 47(1) & 47(2)(b)
Result
Invalidation granted under Section 47(1)
Points Of Interest
- Finding of 'bad faith' under Section 3(6)
Summary
The applicants had not demonstrated "any evidence of the necessary goodwill to even embark on proving passing off under these (WILD CHILD) criteria". The application under Section 47(2)(b) failed accordingly. This left the Section 47(1) ground under which bad faith (Section 3(6)) was alleged. The Hearing Officer found that evidence related to the registered proprietor’s history in intellectual property matters was "logically probative" (Mood Music Publishing C Ltd v Wolfe Ltd [1976] 2 WLR 451, 456) and went on to find that the application for registration had been made in bad faith - noting that the registered proprietor had made no attempt to explain how he had come to adopt the mark. The application for invalidation was granted. Under Section 47(6) the Hearing Officer ruled that the registration was deemed never to have been made.