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United Kingdom Intellectual Property Office Decisions
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FORMULA 4 SUCCESS (Trade Mark: Invalidity) [2006] UKIntelP o20906 (26 July 2006)
URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o20906.html
Cite as:
[2006] UKIntelP o20906
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FORMULA 4 SUCCESS (Trade Mark: Invalidity) [2006] UKIntelP o20906 (26 July 2006)
For the whole decision click here: o20906
Trade mark decision
- BL Number
- O/209/06
- Decision date
- 26 July 2006
- Hearing officer
- Mrs J Pike
- Mark
- FORMULA 4 SUCCESS
- Classes
- 32
- Registered Proprietor
- Coca CO1a Ltd
- Applicants for a declaration of invalidity
- The Coca Cola Company
- Application for Invalidation
- Section 47(1) (citing Section 3(6))
Result
Application for invalidation, Section 47(1) (citing Section 3(6)): Successful.
Points Of Interest
-
Bad Faith: application by non-existent company.
Summary
The registered proprietor did not file a Form TM8 or counterstatement and took no part in the proceedings.
It appeared from the evidence that the registered proprietor had no legal existence at the time of application and did not appear to exist at the present time. The Hearing Officer concluded from this and other indications that the application had indeed been made in bad faith.