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United Kingdom Intellectual Property Office Decisions
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FARMSENSE (Trade Mark: Invalidity) [2002] UKIntelP o41302 (14 October 2002)
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o41302.html
Cite as:
[2002] UKIntelP o41302
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FARMSENSE (Trade Mark: Invalidity) [2002] UKIntelP o41302 (14 October 2002)
For the whole decision click here: o41302
Trade mark decision
- BL Number
- O/413/02
- Decision date
- 14 October 2002
- Hearing officer
- Mr J MacGillivray
- Mark
- FARMSENSE
- Classes
- 05, 31
- Registered Proprietor
- Caprivet Limited
- Applicants for declaration of invalidity
- Tangerine Holdings Limited
- Application for Invalidation
- Section 47(2)(b); Sections 3(6) & 5(4)(a)
Points Of Interest
Summary
The registered proprietor did not defend the registration and took no part in the proceedings. The applicants claimed substantial prior use of the mark through its wholly owned subsidiary FARMSENSE LIMITED. Reviewing the matter under Section 5(4)(a) the Hearing Officer found the applicants successful and he did not go on to make a finding under Section 3(6). He awarded costs against the registered proprietor.