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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> TRAFFICMAC (Trade Mark: Invalidity) [2003] UKIntelP o12403 (1 May 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o12403.html
Cite as: [2003] UKIntelP o12403
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TRAFFICMAC (Trade Mark: Invalidity) [2003] UKIntelP o12403 (1 May 2003)
For the whole decision click here: o12403
Trade mark decision
- BL Number
- O/124/03
- Decision date
- 1 May 2003
- Hearing officer
- Mr E S Smith
- Mark
- TRAFFICMAC
- Classes
- 35
- Applicant for Invalidity
- Trafficmac Limited
- Registered Proprietor
- Quantitative Management Solutions Ltd
- Invalidity
- Section 47(2)(b) based on Section 5(4)(a) & (b)
Result
Section 47(2)(b): - Request for invalidity refused.
Points Of Interest
- 1. Somewhat unusual that neither party pursued the proceedings.
Summary
The mark at issue here was applied for on 10 May 2001 and registered on 12 October 2001. The application for invalidity was filed on 18 September 2002, the applicant claiming that it had started to use the TRAFFICMAC mark in the UK in August 2000 in relation to the supply of services to firms in the advertising industry (Section 5(4)(a)) and that it had a copyright right to the device element of the mark from May 2000 onwards. The applicants application for invalidity was sent to the registered proprietor but there was no response and no TM8 nor counterstatement was filed.
Since the application for invalidity related to Section 5(4)(a) – Passing Off – and Section 5(4)(a) – copyright claim, the applicant was asked to file evidence to support the claims made in the application. No evidence or submissions were filed.
In view of the absence of any evidence to support the application for invalidity the Hearing Officer had no option but to refuse the application.