Trade mark decision
- BL Number
- O/505/02
- Decision date
- 10 December 2002
- Hearing Officer
- Mrs A Corbett
- Mark
- OVICOL
- Classes
- 31
- Registered Proprietor
- Caprivet Holdings Ltd
- Applicants for Declaration of Invalidity
- Tangerine Holdings Ltd
- Application for Invalidation
- Sections 47(1) (Section 3(6)) & 47(2)(b)(Section 5(4)(a))
Result
Application for invalidation, Section 47(2)(b) (Section 5(4)(a)); successful.
Application under Section 47(1) (Section 3(6)); no formal finding.
Points Of Interest
- None
Summary
The Hearing Officer dealt first with the Section 5(4)(a) aspect. Having reviewed the evidence the Hearing Officer was satisfied that the applicants had the necessary goodwill as at the relevant date; damage would occur, and the application for invalidation succeeded accordingly.
Full decision O/505/02
28Kb