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United Kingdom Intellectual Property Office Decisions
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HANKOOK (Trade Mark: Revocation) [2001] UKIntelP o52101 (26 November 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o52101.html
Cite as:
[2001] UKIntelP o52101
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HANKOOK (Trade Mark: Revocation) [2001] UKIntelP o52101 (26 November 2001)
For the whole decision click here: o52101
Trade mark decision
- BL Number
- O/521/01
- Decision date
- 26 November 2001
- Hearing officer
- Mr D Landau
- Mark
- HANKOOK
- Classes
- 09
- Registered Proprietor
- Fiamm Automotive Limited
- Applicants for Rectification
- Korea Storage Battery Co Limited
- Application for Invalidation and or Rectification
- Sections 47(1) & 60
Result
Section 47(1) - Application for declaration of invalidity unsuccessful
Section 60 - Application for rectification unsuccessful
Points Of Interest
-
1. "If the registered proprietor was the agent or representative of the applicant it would be reasonable to presume that there would be some form of agreement - between the parties".
-
2. ".... if the registered proprietor is the owner of the goodwill in the (mark) in the UK, it is difficult to envisage how he could have acted in bad faith".
Summary
The applicants claimed that they were owners of the mark in a Convention country, and the registered proprietor was their agent or representative. The Hearing Officer, however, could not find that the evidence supported either of these claims. The application under Section 60 failed accordingly. As to the allegation of bad faith (Section 3(6)), which was the basis of the attack under Section 47(1), the Hearing Officer found that as no written agreement was produced, the matter came down to a factual enquiry. The ‘failings’ of the evidence meant that the case was not made. The application for invalidation failed accordingly.