Trade mark decision

BL Number

O/292/03

Decision date

19 September 2003

Hearing Officer

Mr G Attfield

Mark

DOVE VALLEY

Classes

29

Applicant for Invalidity

Dove Valley (Ashbourne) Ltd

Registered Proprietor

Amelca Plc

Invalidity

Section 47(2)(b) based on Section 5(4)(a)

Result

Section 47(2)(b) & 5(4)(a) - Invalidity action successful.

Points Of Interest

• 1. Registration not defended by registered proprietor.

Summary

The applicant claimed, and filed evidence to substantiate the claim, that they had used their unregistered trade mark DOVE VALLEY for some forty five years prior to the relevant date in respect of a range of poultry, chicken and related products and had a reputation in their mark in relation to such goods. As these goods were included within the registered proprietor's Class 29 specification there was a likelihood of damage to their mark.

The Hearing Officer accepted that the applicant had a reputation and goodwill as claimed. As the registered proprietor had neither responded nor defended their registration, he found the applicant to be successful under Sections 47(2)(b) and 5(4)(a) of the Act

Full decision O/292/03 26Kb