Trade mark decision

BL Number
Decision date
29 March 2007
Hearing Officer
Mr C Bowen
09, 38
Registered Proprietor
T-Mobile (UK) Limited
Applicants for a declaration of invalidity
O2 Holdings Limited
First hearing in respect of proposed invalidation actio


Registry declined to process invalidation actions against registrations no longer on the register.

Points Of Interest

  • 1. Abuse of process
  • 2. Proceedings against marks already revoked.


The applications for declarations of invalidity were directed at two registrations which had already been revoked as a result of proceedings commenced by the present applicants. The Registry declined to process the applications in view of the fact that the marks were no longer on the register, and also that any action against them at this stage might be considered an abuse of process. A hearing was arranged to resolve these questions. The Hearing Officer was addressed by Counsel under three main heads; lack of jurisdiction, statutory construction and abuse of process. Following the hearing, the Hearing Officer confirmed the Registry’s preliminary view that an invalidation action could not be taken against a mark not on the register; it would, in the circumstances of this case also be an abuse of process.

This decision sets out the history of the case and the reason for the Registry’s decision.

Full decision O/091/07 PDF document122Kb