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 PDF document38Kb