Trade mark decision
- BL Number
- O/475/00
- Decision date
- 20 December 2000
- Hearing Officer
- Mr G Rose'Meyer
- Mark
- GLENMOY
- Classes
- 33
- Registered Proprietor
- Stewart Shepley t/a Shackleford Marketing Associates
- Applicants for Declaration of Invalidity
- Macdonald & Muir Ltd
- Invalidation
- Sections 47(1) & 47(2)(a)
Result
Applicants under Section 47(1) - Dismissed
Applicants under Section 47(2) - Failed
Points Of Interest
- Scottish elements in the marks, THE GLEN, etc
Summary
The application under Section 47(1) was founded in an allegation of bad faith (Section 3(6)). The Hearing Officer found no support of this, and in fact found indications to the contrary in the evidence. The remaining ground was essentially to be determined by a comparison of the mark GLENMOY and GLENMORAY. The Hearing Officer concluded that the marks would not give rise to a likelihood of confusion and in view of the provisions of Section 72, concluded that the onus on the applicants had not been discharged.
Full decision O/475/00 
32Kb
