This site uses cookies to help make it more useful and reliable. Our cookies page explains what they are, which ones we use, and how you can manage or remove them.

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