Trade mark decision

Grounds

Section 3(6) Bad Faith - Knowledge of opponent's use in the UK
Section 3(6) Bad Faith - Breach of agreement between the parties
Section 3(6) Bad Faith - Breakdown of former business relationship
Sections 5(1), 5(2) and 5(3) Earlier Trade Marks - Distinctive and dominant components
Sections 5(1), 5(2) and 5(3) Earlier Trade Marks - Composite word and device marks
Sections 5(1), 5(2) and 5(3) Dilution Cases - Reputation
Section 5(4) Earlier Rights - Passing off (Issues arising from Registry proceedings)
Section 5(4) Earlier Rights - Relevant date
Other Issues - Construction of agreements / contracts
Revocation / Proof of Use - Dates - genuine use
Revocation / Proof of Use - Variant forms of marks - use with matter added or subtracted
Revocation / Proof of Use - Use with Registered Proprietor’s (RP) consent - use by others
Procedural Issues - Costs – litigants in person, actual, security for

Full decision O/929/22 564Kb