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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> THEATRE OF DREAMS (Trade Mark: Invalidity) [2001] UKIntelP o52001 (26 November 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o52001.html
Cite as: [2001] UKIntelP o52001
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THEATRE OF DREAMS (Trade Mark: Invalidity) [2001] UKIntelP o52001 (26 November 2001)
For the whole decision click here: o52001
Trade mark decision
- BL Number
- O/520/01
- Decision date
- 26 November 2001
- Hearing officer
- Dr W J Trott
- Mark
- THEATRE OF DREAMS
- Classes
- 16
- Registered Proprietor
- PMAP Limited
- Applicant for Invalidity
- Manchester United Merchandising Limited
- Invalidity
- Sections 47(1) based on Section 3(6)
Result
Sections 47(1) & 3(6) - Revocation successful
Points Of Interest
- Bad Faith: A useful review of what is meant by bad faith (Section 3(6)).
Summary
The applicants for revocation provided evidence to establish that they had used the mark at issue before application was made by the registered proprietor on 27 October, 1999. Additionally the registered proprietors had provided goods falling within their specification - in particular posters bearing the mark at issue to the applicants for sale by them. Having fully reviewed all the surrounding circumstances the Hearing Officer decided that the registered proprietors had been aware of the applicants rights when they applied to register the mark. Therefore a claim to ownership was an act of bad faith since the registered proprietors clearly did not own the mark. Revocation thus succeeded.