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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> WINBACS (Trade Mark: Invalidity) [2000] UKIntelP o40700 (6 November 2000)
URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o40700.html
Cite as: [2000] UKIntelP o40700
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WINBACS (Trade Mark: Invalidity) [2000] UKIntelP o40700 (6 November 2000)
For the whole decision click here: o40700
Trade mark decision
- BL Number
- O/407/00
- Decision date
- 6 November 2000
- Hearing officer
- Dr W J Trott
- Mark
- WINBACS
- Classes
- 09
- Registered Proprietor
- Checkpoint Security Security Services Limited
- Applicant for Declaration of Invalidity
- BACS Limited
- Invalidation
- Sections 47(1) & 47(2)(a)
Result
Declaration of invalidity under Section 47(2)(a) granted.
Points Of Interest
- None
Summary
The Section 47(1) (Section 3(6)) ground failed because in the absence of evidence to buttress the applicants’ account (such as relevant correspondence) the Hearing Officer did not feel able to make a finding of ‘bad faith’. The Ground under Section 47(2)(a) was based on the applicants’ registrations of various BACS marks (BACS, BACSMAIL EBACS) etc; and the Hearing Officer was asked to accept that WIN was a common and well understood reference to WINDOWS. Noting that the registered proprietor had not denied this assertion, the Hearing Officer went on to find that the mark had been registered in breach of the provisions of Section 5(2)(b), and accordingly directed that the registration was invalid, and deemed never to have been made.