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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> COLLAGE (Trade Mark: Invalidity) [2003] UKIntelP o17703 (26 June 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o17703.html
Cite as: [2003] UKIntelP o17703
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COLLAGE (Trade Mark: Invalidity) [2003] UKIntelP o17703 (26 June 2003)
For the whole decision click here: o17703
Trade mark decision
- BL Number
- O/177/03
- Decision date
- 26 June 2003
- Hearing officer
- Mr O Morris
- Mark
- COLLAGE
- Classes
- 35, 36, 37, 40, 41, 42
- Registered Proprietor
- Care Industry Trading Services Limited
- Applicants for Declaration of Invalidity
- Kendelpace Limited
- Application for Invalidation
- Section 47(1) (Section 3(6))
Result
Section 47(1): application for invalidation, citing Section 3(6), failed.
Points Of Interest
- None
Summary
The applicants alleged that the mark had been applied for in bad faith because the proprietor had had no intention of using the mark in connection with the services specified.
The registered proprietor did not contest the matter, but the statutory presumption of validity required at least a prima face case in support of the application.
The applicant’s case, however, amounted to little more than an invitation to the Hearing Officer to draw inferences concerning the registered proprietor’s intentions, at the date of application for registration, from certain facts and circumstances relating to the proprietors standing and present state.
This the Hearing Officer declined to do, and the application for invalidation failed.