British
and Irish Legal Information Institute
Freely Available British and Irish Public Legal Information
[
Home]
[
Databases]
[
World Law]
[
Multidatabase Search]
[
Help]
[
Feedback]
United Kingdom Intellectual Property Office Decisions
You are here:
BAILII >>
Databases >>
United Kingdom Intellectual Property Office Decisions >>
DAAWAT (Trade Mark: Invalidity) [2001] UKIntelP o22701 (11 May 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o22701.html
Cite as:
[2001] UKIntelP o22701
[
New search]
[
Printable PDF version]
[
Help]
DAAWAT (Trade Mark: Invalidity) [2001] UKIntelP o22701 (11 May 2001)
For the whole decision click here: o22701
Trade mark decision
- BL Number
- O/227/01
- Decision date
- 11 May 2001
- Hearing officer
- Mr A James
- Mark
- DAAWAT
- Classes
- 30
- Registered Proprietor
- A1 Trading Limited
- Applicants for Invalidation
- L.T. Overseas Ltd
- Application for Invalidation
- Section 47(1)
Result
Section 47(1): - Application for invalidation partially successful.
Points Of Interest
-
Useful exploration of ‘bad faith’ Section 3(6).
Summary
The applicants contended that the registered proprietor had made their application for registration in bad faith, in that they were aware of the applicants use of the mark abroad and pre-empted an application for registration in the UK. Also they contended that they had no bona fide intention to use the mark. The Hearing Officer found that whilst the accusation of an absence of a bona fide intention to use failed there had been "unacceptable commercial behaviour" in relation to the application for registration in respect of rice and similar goods".