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United Kingdom Intellectual Property Office Decisions
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BIKENET (Trade Mark: Invalidity) [2003] UKIntelP o12303 (29 April 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o12303.html
Cite as:
[2003] UKIntelP o12303
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BIKENET (Trade Mark: Invalidity) [2003] UKIntelP o12303 (29 April 2003)
For the whole decision click here: o12303
Trade mark decision
- BL Number
- O/123/03
- Decision date
- 29 April 2003
- Hearing officer
- Mrs S Long
- Mark
- BIKENET
- Classes
- 12, 25, 35
- Registered Proprietor
- Caratti Sport Limited
- Applicants for a declaration of Invalidity
- Bikenet Motorcycles Limited
- Application for Invalidation
- Section 47(1) (Section 3(6))
Result
Application for invalidatation Sections 47(1), failed.
Points Of Interest
Summary
The applicants alleged that the mark had been registered in breach of Section 3(6) as the registered proprietors had had no intention of using the mark, and no such use had actually been made of it. The registered proprietor did not file a counterstatement but the Hearing Officer held that the mark must be presumed valid. No prima facie case had been made out in support of the allegations of bad faith. Hence the application for invalidation must fail.