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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> GSPC (Trade Mark: Invalidity) [2007] UKIntelP o07607 (13 March 2007)
URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o07607.html
Cite as: [2007] UKIntelP o07607, [2007] UKIntelP o7607
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GSPC (Trade Mark: Invalidity) [2007] UKIntelP o07607 (13 March 2007)
For the whole decision click here: o07607
Trade mark decision
- BL Number
- O/076/07
- Decision date
- 13 March 2007
- Hearing officer
- Mrs J Pike
- Mark
- GSPC
- Classes
- 36
- Applicant for Invalidation
- Glasgow solicitors Property Centre Limited
- Registered Proprietor
- Tariq Mahmood
- Invalidity
- Section 47(1) & 2(b) based on Sections 3(6) & 5(4)(a)
Result
Section 5(4)(a): Application for invalidity successful. Section 3(6): Ground dismissed.
Points Of Interest
- None
Summary
The mark in suit was registered as from 7 august 2004 in class 36 in respect of “Insurance, financial affairs, monetary affairs, real estate affairs”.
The registered proprietor did not defend the application and the applicant for invalidation filed evidence to show that it had used the marks GSPC and GSPC and device from 1996 and that by 2004 it had a reputation and goodwill in such marks in relation to the sale of property and associated activities. This evidence buttressed the ground under Section 5(4)(a) and the Hearing Officer found in the applicant’s favour.
No evidence was filed in support of the ground under Section 3(6) so that ground was dismissed by the Hearing Officer.