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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> MR PRICE WEEKEND MATERIAL (Trade Mark: Invalidity) [2004] UKIntelP o11904 (29 April 2004)
URL: http://www.bailii.org/uk/cases/UKIntelP/2004/o11904.html
Cite as: [2004] UKIntelP o11904
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MR PRICE WEEKEND MATERIAL (Trade Mark: Invalidity) [2004] UKIntelP o11904 (29 April 2004)
For the whole decision click here: o11904
Trade mark decision
- BL Number
- O/119/04
- Decision date
- 29 April 2004
- Hearing officer
- Mr G Attfield
- Mark
- MR PRICE WEEKEND MATERIAL
- Classes
- 25
- Registered Proprietor
- Stuart James Mr. Price Weekend Material Ltd
- Applicants for a declaration of Invalidity
- Mr. Price Group Limited
- Application for Invalidation
- Sections 47(1) (citing Sections 3(4) & 3(6)) & 47(2)(b) (citing Section 5(4)(b))
Result
Application for invalidation Section 47(1) - Failed
Application for invalidation Section 47(2)(b) - Successful.
Points Of Interest
- 1. Infringement of copyright.
Summary
The registered proprietor did not file a counterstatement. However, the presumption of validity of a registered trade mark prevented any removal in the absence of a prima facie case.
The Hearing Officer quickly dismissed the grounds which cited Sections 3(4) and 3(6).
The Hearing Officer went on to establish first that a copyright existed and secondly that the registered mark infringed that right. A prima facie case had been made out and the registered proprietor had not challenged it. The application for invalidation succeeded accordingly.