Trade mark decision

BL Number

O/123/03

Decision date

29 April 2003

Hearing Officer

Mrs S Long

Mark

BIKENET

Classes

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))

Result

Application for invalidatation Sections 47(1), failed.

Points Of Interest

• None

Summary

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 21Kb