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United Kingdom Intellectual Property Office Decisions
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OVICOL (Trade Mark: Invalidity) [2002] UKIntelP o50502 (10 December 2002)
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o50502.html
Cite as:
[2002] UKIntelP o50502
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OVICOL (Trade Mark: Invalidity) [2002] UKIntelP o50502 (10 December 2002)
For the whole decision click here: o50502
Trade mark decision
- BL Number
- O/505/02
- Decision date
- 10 December 2002
- Hearing officer
- Mrs A Corbett
- Mark
- OVICOL
- Classes
- 31
- Registered Proprietor
- Caprivet Holdings Ltd
- Applicants for Declaration of Invalidity
- Tangerine Holdings Ltd
- Application for Invalidation
- Sections 47(1) (Section 3(6)) & 47(2)(b)(Section 5(4)(a))
Result
Application for invalidation, Section 47(2)(b) (Section 5(4)(a)); successful.
Application under Section 47(1) (Section 3(6)); no formal finding.
Points Of Interest
Summary
The Hearing Officer dealt first with the Section 5(4)(a) aspect. Having reviewed the evidence the Hearing Officer was satisfied that the applicants had the necessary goodwill as at the relevant date; damage would occur, and the application for invalidation succeeded accordingly.