Trade mark decision

BL Number
O/012/07
Decision date
9 January 2007
Hearing Officer
Mrs J Pike
Mark
VISION 1 VISION 1 (each a Series of 2 marks)
Classes
09, 41
Applicant for Invalidation
Karl Storz Imaging Inc
Registered Proprietor
Fahad Ahmad
Invalidation
Section 47(1) based on Section 3(6)

Result

Section 47(1) based on Section 3(6): Application refused.

Points Of Interest

  • None

Summary

The registered proprietor did not defend the application which was made against certain goods in Class 9. The applicant filed evidence to show that the registered proprietor appeared to be connected to a small retail outlet which sells car audio equipment and did not appear to have any manufacturing facilities. The applicant claimed the registered specification in Class 9 was excessively wide and the proprietor could have had no intention in trading in all the goods listed particularly imaging systems for medical use which the applicant manufactured.

The Hearing Officer examined the specification of the registered proprietor. He noted that the wording was within Registry guidelines and that there was no grounds for reducing the specification as requested. Application dismissed.

Full decision O/012/07 PDF document52Kb