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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> FALAK (Trade Mark: Invalidity) [2004] UKIntelP o23504 (6 August 2004)
URL: http://www.bailii.org/uk/cases/UKIntelP/2004/o23504.html
Cite as: [2004] UKIntelP o23504
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FALAK (Trade Mark: Invalidity) [2004] UKIntelP o23504 (6 August 2004)
For the whole decision click here: o23504
Trade mark decision
- BL Number
- O/235/04
- Decision date
- 6 August 2004
- Hearing officer
- Mr G Attfield
- Mark
- FALAK
- Classes
- 30, 31
- Registered Proprietor
- Indo European Foods Limited
- Applicant for a Declaration of Invalidity
- Matco Rice Processing (Pvt) Limited
- Application for Invalidation
- Section 47(1) (citing Sections 3(6) & 5(4)(a)), & Section 60(3)(a)
Result
Application for invalidation, Section 47(1) citing Section 3(6), successful.
Points Of Interest
- 1. None
Summary
The application was not contested by the registered proprietor but the presumption of validity enshrined in Section 72, prevented any summary removal of the registration. The Hearing Officer therefore proceeded to a consideration of the prima facie case provided in support of the application. Having done so he concluded that the mark had indeed been registered by a distributor firm which could not claim to be the rightful owner.
The application for invalidation citing Section 3(6) succeeded accordingly and the Hearing Officer did not go on to consider the matter under the other grounds cited.