Trade mark decision

BL Number

O/225/06

Decision date

3 August 2006

Hearing officer

Mr M Reynolds

Mark

WET AND FORGET WET & FORGET (series of two marks)

Classes

03, 05, 16, 35, 40

Registered Proprietor

Brinton Products Ltd

Applicants for a declaration of invalidity

Wet & Forget Limited

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; registration by potential distributor without knowledge or consent of owner.

Summary

The applicants, (WFL) a New Zealand company, held registrations of the mark WET & FORGET, in New Zealand. They were the manufacturers of certain anti-mould and anti-moss products. It was claimed that a director of the registered proprietor company (BPL) approached WFL showing interest in distributing WFL’s products in the UK. The ensuing negotiations included a confidentiality agreement. The negotiations broke down but meantime BPL had applied to register the mark in the UK, without it was said, the knowledge or consent of WFL.

From the evidence and submissions before him the Hearing Officer concluded that BPL’s application to register the mark had indeed been made in bad faith. The registration was declared invalid.