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United Kingdom Intellectual Property Office Decisions
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FLY CHEAP (Trade Mark: Invalidity) [2001] UKIntelP o47101 (29 October 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o47101.html
Cite as:
[2001] UKIntelP o47101
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FLY CHEAP (Trade Mark: Invalidity) [2001] UKIntelP o47101 (29 October 2001)
For the whole decision click here: o47101
Trade mark decision
- BL Number
- O/471/01
- Decision date
- 29 October 2001
- Hearing officer
- Mr O Morris
- Mark
- FLY CHEAP
- Classes
- 39
- Registered Proprietor
- Phonenames Ltd
- Applicants for Declaration of Invalidity
- Airtours Plc
- Application for Invalidation
- Section 47(1)
Result
Section 47(1) - Application for invalidation successful
Points Of Interest
-
"Immense state of incongruity" between the type of services specified in the registered proprietor’s ‘web-pages’ and those specified in the registration.
Summary
The applicants alleged that the registered proprietor had applied for the registration without any bona fide intention of using the mark. The registered proprietor did not file any evidence rebutting this. The Hearing Officer considered that a prima facie case had been made out and the onus on the registered proprietor had not been discharged.