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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> TITANIC (Trade Mark: Invalidity) [2002] UKIntelP o15702 (3 April 2002)
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o15702.html
Cite as: [2002] UKIntelP o15702
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TITANIC (Trade Mark: Invalidity) [2002] UKIntelP o15702 (3 April 2002)
For the whole decision click here: o15702
Trade mark decision
- BL Number
- O/157/02
- Decision date
- 3 April 2002
- Hearing officer
- Mr D Landau
- Mark
- TITANIC
- Classes
- 42
- Registered Proprietor
- Harland & Wolff Shipbuilding & Heavy Industries Limited
- Applicants for Declaration of Invalidity
- J A Hyman Ltd
- Application for Invalidation
- Section 47(2)(b) (Section 5(4)(a))
Result
Section 47(2)(b): - Failed.
Points Of Interest
- 1. The sole ‘relevant date’ in invalidation proceedings is the date of application for registration.
Summary
The attack was confined to "services connected with the provision of food and drink, restaurant and catering services". The applicants were suppliers of a wide range of food and drink products using the marks TITANIC, TITANICS and TITANIC products from premises formerly operated as a restaurant. Use of the mark dated back to 1914 and was due to a family connection with a survivor of the Titanic disaster. The Hearing Officer, however, considered that the evidence did not support the contention that at the relevant date the applicants enjoyed goodwill in relation to any form of restaurant or takeaway or sandwich bar service. The application therefore failed.