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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> TESTAMENT (Trade Mark: Invalidity) [2004] UKIntelP o14204 (20 May 2004)
URL: http://www.bailii.org/uk/cases/UKIntelP/2004/o14204.html
Cite as: [2004] UKIntelP o14204
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TESTAMENT (Trade Mark: Invalidity) [2004] UKIntelP o14204 (20 May 2004)
For the whole decision click here: o14204
Trade mark decision
- BL Number
- O/142/04
- Decision date
- 20 May 2004
- Hearing officer
- Mr G Attfield
- Mark
- TESTAMENT
- Classes
- 25
- Applicant for Invalidity
- Testament Clothing Company Limited
- Registered Proprietor
- Steven Watmore
- Invalidity
- Sections 47(1) & 2(b) based on Sections 3(6) & 5(4)(a)
Result
Section 47 based on Section 3(6) - Application for invalidity failed.
Section 47(2)(b) based on Section 5(4)(a) - Application for invalidity failed.
Points Of Interest
- 1. None
Summary
The mark in suit was applied for on 23 October 2002 and registered on 2 May, 2003.
On 13 October 2003 Testament Clothing Company Limited (Testament) filed an application for invalidity claiming that it had used the identical mark in relation to identical goods and it claimed a reputation and goodwill in the mark. Bad faith was claimed on the basis that the registered proprietor was aware of Testament’s use since he had been a director of Testament between March 2001 and December 2001.
A copy of the application for invalidity was sent to the registered proprietor but there was no response and no defence was filed. Testament was invited to file evidence to support the allegations in its application. In the event no evidence was filed.
The Hearing Officer noted that the registered proprietor had not defended his registration but even so, as the applicant had not filed any evidence to substantiate its claims, he dismissed the application on both the Section 3(6) and Section 5(4)(a) grounds.