Trade mark decision

BL Number
O/119/04
Decision date
29 April 2004
Hearing officer
Mr G Attfield
Mark
MR PRICE WEEKEND MATERIAL
Classes
25
Registered Proprietor
Stuart James Mr. Price Weekend Material Ltd
Applicants for a declaration of Invalidity
Mr. Price Group Limited
Application for Invalidation
Sections 47(1) (citing Sections 3(4) & 3(6)) & 47(2)(b) (citing Section 5(4)(b))

Result

Application for invalidation Section 47(1) - Failed

Application for invalidation Section 47(2)(b) - Successful.

Points Of Interest

  • 1. Infringement of copyright.

Summary

The registered proprietor did not file a counterstatement. However, the presumption of validity of a registered trade mark prevented any removal in the absence of a prima facie case.

The Hearing Officer quickly dismissed the grounds which cited Sections 3(4) and 3(6).

The Hearing Officer went on to establish first that a copyright existed and secondly that the registered mark infringed that right. A prima facie case had been made out and the registered proprietor had not challenged it. The application for invalidation succeeded accordingly.

Full decision O/119/04 PDF document194Kb