Trade mark decision

BL Number

O/117/02

Decision date

14 March 2002

Hearing officer

Mr M Reynolds

Mark

THAI CERAMICS

Classes

19

Registered Proprietor

Cairnford Ceramics Limited

Applicants for Declaration of Invalidity

Thai Mosaic & Ceramics Limited

Application for Invalidation

Section 47(1) (Section 3(6))* *Section 47(2)(b) (Section 5(4)) was also cited but in view of the outcome under 47(1) the Hearing Officer made no formal finding on that point.

Result

Application for invalidation - Successful.

Section 47(1) - Successful.

(Section 3(6)) - Successful.

Points Of Interest

• 1. Bad faith
• 2. Inadequate pleadings

Summary

The applicant alleged that certain designs and the trade mark in suit had been registered by the registered proprietor without authority from them, the true owners. They had recovered possession of the designs by assignment but their request for an assignment of the trade mark had been ignored. The registered proprietors stated, inter alia, that they had not ignored the request for an assignment of the mark; the applicants had failed to attend a meeting at which the matter was to be discussed, they said.

The Hearing Officer reviewed the evidence and was satisfied that the applicants had used the mark during a period prior to the date of the application for registration. He noted that there had been a business relationship between the parties, and the registered proprietors had offered no explanation as to how they considered they could legitimately apply for the precise mark that they knew to be in use by the applicants.

He concluded that the claim of bad faith had been made out.