Trade mark decision

BL Number

O/007/99

Decision date

8 January 1999

Hearing Officer

Mr G Salthouse

Mark

AMAZE COLLECTION

Classes

25

Registered Proprietor

Award Apparel Ltd

Applicant

Neils Christopher Wallis Williams

Invalidity

Section 47(2); mark registered in breach of Sections 5(2)(b), 5(3) and 5(4).

Result

Application for invalidation not based on earlier trade mark (as defined) therefore fails under Sections 5(2)(b) and 5(3).Case for invalidation not strong enough to succeed under Section 5(4).Section 47 application therefore fails in entirety.

Application for invalidation not based on earlier trade mark (as defined) therefore fails under Sections 5(2)(b) and 5(3).Case for invalidation not strong enough to succeed under Section 5(4).Section 47 application therefore fails in entirety.

Points Of Interest

• (i) earlier trade mark (Sections 5 and 6)
• (ii) passing off: WILD CHILD Trade Mark [1998] RPC 455 cited and applied

Summary

N.W. applied for declaration of invalidity by reason of earlier application for registration and prior use of mark Ama Zing. Held, however, that earlier application did not proceed to registration and was deemed abandoned at time of registered proprietors application; case under passing off not made.

Full decision O/007/99 38Kb