Trade mark decision

BL Number
O/076/07
Decision date
13 March 2007
Hearing Officer
Mrs J Pike
Mark
GSPC
Classes
36
Applicant for Invalidation
Glasgow solicitors Property Centre Limited
Registered Proprietor
Tariq Mahmood
Invalidity
Section 47(1) & 2(b) based on Sections 3(6) & 5(4)(a)

Result

Section 5(4)(a): Application for invalidity successful. Section 3(6): Ground dismissed.

Points Of Interest

  • None

Summary

The mark in suit was registered as from 7 august 2004 in class 36 in respect of “Insurance, financial affairs, monetary affairs, real estate affairs”.

The registered proprietor did not defend the application and the applicant for invalidation filed evidence to show that it had used the marks GSPC and GSPC and device from 1996 and that by 2004 it had a reputation and goodwill in such marks in relation to the sale of property and associated activities. This evidence buttressed the ground under Section 5(4)(a) and the Hearing Officer found in the applicant’s favour.

No evidence was filed in support of the ground under Section 3(6) so that ground was dismissed by the Hearing Officer.

Full decision O/076/07 PDF document34Kb