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United Kingdom Intellectual Property Office Decisions
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AUTOFLEX (Trade Mark: Invalidity) [2005] UKIntelP o15105 (10 June 2005)
URL: http://www.bailii.org/uk/cases/UKIntelP/2005/o15105.html
Cite as:
[2005] UKIntelP o15105
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AUTOFLEX (Trade Mark: Invalidity) [2005] UKIntelP o15105 (10 June 2005)
For the whole decision click here: o15105
Trade mark decision
- BL Number
- O/151/05
- Decision date
- 10 June 2005
- Hearing officer
- Mr J MacGillivray
- Mark
- AUTOFLEX
- Classes
- 09, 35, 37, 39
- Registered Proprietor
- Interleasing (UK) Limited
- Applicant for a declaration of invalidity
- ANC Rental Corporation (UK) Limited
- Application for Invalidation
- Section 47(2)(b) (citing Section 5(4)(a))
Result
Application for invalidation, Section 47(2)(b) (citing Section 5(4)(a)), failed.
Points Of Interest
Summary
The applicant's evidence in support of its claim to ownership of an earlier right was, in the view of the Hearing Officer, insufficient in that it did not demonstrate a goodwill at the relevant date sufficient to sustain a passing off action. Indeed, it seemed likely that any goodwill at that time was attached to the registered proprietor.
The application for a declaration of invalidity failed accordingly.