Trade mark decision

BL Number
Decision date
29 April 2003
Hearing Officer
Mrs S Long
12, 25, 35
Registered Proprietor
Caratti Sport Limited
Applicants for a declaration of Invalidity
Bikenet Motorcycles Limited
Application for Invalidation
Section 47(1) (Section 3(6))


Application for invalidatation Sections 47(1), failed.

Points Of Interest

  • None


The applicants alleged that the mark had been registered in breach of Section 3(6) as the registered proprietors had had no intention of using the mark, and no such use had actually been made of it. The registered proprietor did not file a counterstatement but the Hearing Officer held that the mark must be presumed valid. No prima facie case had been made out in support of the allegations of bad faith. Hence the application for invalidation must fail.

Full decision O/123/03 PDF document21Kb