Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> TCI (Trade Mark: Invalidity) [2002] UKIntelP o38302 (23 September 2002)
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o38302.html
Cite as: [2002] UKIntelP o38302
[New search] [Printable PDF version] [Help]
TCI (Trade Mark: Invalidity) [2002] UKIntelP o38302 (23 September 2002)
For the whole decision click here: o38302
Trade mark decision
- BL Number
- O/383/02
- Decision date
- 23 September 2002
- Hearing officer
- Mr M Foley
- Mark
- TCI
- Classes
- 19
- Registered Proprietor
- Cairnford Ceramics Limited
- Applicants for Declaration for Invalidity
- Thai Wall Tile Limited Partnership
- Application for Invalidation
- Section 47 (Sections 3(6); 5(4)(a) & 5(4)(b))
Result
Section 47(1) (Section 3(6)) - Application for invalidation successful.
Points Of Interest
- 1. Bad faith : evidence established case "to a reasonable level of certainty".
Summary
The applicants for invalidation claimed that they owned and used the mark prior to the date of application for registration, and the registered proprietor was aware of this.
The Hearing Officer, having commented that the evidence was "Thin to say the least", nevertheless found that it established ‘to a reasonable level of certainty’ that the registered proprietor was aware that the TCI logo was the applicants’ mark and that they had a trade in the UK.
The Section 3(6) case succeeded accordingly and the Hearing Officer did not go on to give detailed considerations of the other grounds beyond remarking that the Section 5(4)(a) ground would probably succeed; the evidence for the Section 5(4)(b) objection was insufficient, however.