Trade mark decision

BL Number

O/151/05

Decision date

10 June 2005

Hearing Officer

Mr J MacGillivray

Mark

AUTOFLEX

Classes

09, 35, 37, 39

Registered Proprietor

Interleasing (UK) Limited

Applicant for a declaration of invalidity

ANC Rental Corporation (UK) Limited

Application for Invalidation

Section 47(2)(b) (citing Section 5(4)(a))

Result

Application for invalidation, Section 47(2)(b) (citing Section 5(4)(a)), failed.

Points Of Interest

• 1. None

Summary

The applicant's evidence in support of its claim to ownership of an earlier right was, in the view of the Hearing Officer, insufficient in that it did not demonstrate a goodwill at the relevant date sufficient to sustain a passing off action. Indeed, it seemed likely that any goodwill at that time was attached to the registered proprietor.

The application for a declaration of invalidity failed accordingly.

Full decision O/151/05 40Kb