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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> CD CARD (Trade Mark: Invalidity) [2002] UKIntelP o17302 (19 April 2002)
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o17302.html
Cite as: [2002] UKIntelP o17302
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CD CARD (Trade Mark: Invalidity) [2002] UKIntelP o17302 (19 April 2002)
For the whole decision click here: o17302
Trade mark decision
- BL Number
- O/173/02
- Decision date
- 19 April 2002
- Hearing officer
- Mr J MacGillivray
- Mark
- CD CARD
- Classes
- 16
- Registered Proprietor
- Tabak Marketing Limited
- Applicants for Revocation & Declaration of Invalidity
- VFM Children's Entertainment Limited
- Revocation & application for Invalidation
- Sections 46(1)(c); 47(1) (Sections 3(1)(b), 3(1)(c); 3(1)(d) & 3(6))
Result
Application for invalidation Section 47(1) successful. Application for revocation, no formal finding.
Points Of Interest
- Whilst Section 72 places the onus on the applicants for invalidation, the Registrar’s tribunal may nevertheless proceed by way of a re-hearing on the basis on which the mark was accepted, using (the Hearing Officer’s) own knowledge and experience.
Summary
This was one of two related actions against the registration (see also BL O/173/02). Under Sections 3(1)(b) and 3(1)(c) the Hearing Officer reached the same findings as in BL O/172/02, q.v. He made no formal findings under any of the other grounds cited.