Trade mark decision

BL Number

O/017/02

Decision date

15 January 2002

Hearing Officer

Mr G Rose'Meyer

Mark

STAGE 1

Classes

06, 09, 11, 41

Registered Proprietor

Stage 1 Enterprises Limited

Applicants for Declaration of Invalidity

Stage One Creative Services Limited

Application for Invalidation

Sections 47(1)

Result

Section 47(1) - Application, related to Section 3(6), failed

Points Of Interest

• Bona fide intention to use

Summary

The application was founded in the allegation that at the date of application for registration the proprietor had no bona fide intention to use the mark. Although the registered proprietor appeared to be a 'dormant company' and had not provided any evidence in these proceedings, the Hearing could not find that the applicants had established a prima facie case of absence of intention to use. The application therefore failed.

Full decision O/017/02 29Kb