Trade mark decision

BL Number
Decision date
6 January 2006
Hearing Officer
Mr M Reynolds
Registered Proprietor
David Smith
Applicants for a declaration of invalidity
E.A.R.L. Smith-Morillon
Applications for invalidation
Section 47(1) (citing Section 3(6))


Application for invalidation, Section 47(1) (citing Section 3(6)): Successful.

Points Of Interest

  • Bad faith; fiduciary duty of company officers.


A vineyard in France was owned and operated by the company E.A.R.L. Smith Morillon, which was itself jointly owned by Ian Smith and David Smith, father and son.

The registered proprietor, a Managing Director of E.A.R.L. Smith Morillon, had registered the mark in his own name; a fact disclosed as a result of a later dispute.

From the evidence, (such as it was) the, Hearing Officer concluded that the facts were pretty much as stated. Since an officer of a company must at all times act in the best interests of that company, he found that the application had indeed been made in bad faith although there might not have been any dishonest intent on the part of the registered proprietor.

The application for a declaration of invalidity was therefore successful.