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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> DOVE VALLEY (Trade Mark: Invalidity) [2003] UKIntelP o29203 (19 September 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o29203.html
Cite as: [2003] UKIntelP o29203
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DOVE VALLEY (Trade Mark: Invalidity) [2003] UKIntelP o29203 (19 September 2003)
For the whole decision click here: o29203
Trade mark decision
- BL Number
- O/292/03
- Decision date
- 19 September 2003
- Hearing officer
- Mr G Attfield
- Mark
- DOVE VALLEY
- Classes
- 29
- Applicant for Invalidity
- Dove Valley (Ashbourne) Ltd
- Registered Proprietor
- Amelca Plc
- Invalidity
- Section 47(2)(b) based on Section 5(4)(a)
Result
Section 47(2)(b) & 5(4)(a) - Invalidity action successful.
Points Of Interest
- 1. Registration not defended by registered proprietor.
Summary
The applicant claimed, and filed evidence to substantiate the claim, that they had used their unregistered trade mark DOVE VALLEY for some forty five years prior to the relevant date in respect of a range of poultry, chicken and related products and had a reputation in their mark in relation to such goods. As these goods were included within the registered proprietor's Class 29 specification there was a likelihood of damage to their mark.
The Hearing Officer accepted that the applicant had a reputation and goodwill as claimed. As the registered proprietor had neither responded nor defended their registration, he found the applicant to be successful under Sections 47(2)(b) and 5(4)(a) of the Act