Trade mark decision

BL Number

O/142/04

Decision date

20 May 2004

Hearing Officer

Mr G Attfield

Mark

TESTAMENT

Classes

25

Applicant for Invalidity

Testament Clothing Company Limited

Registered Proprietor

Steven Watmore

Invalidity

Sections 47(1) & 2(b) based on Sections 3(6) & 5(4)(a)

Result

Section 47 based on Section 3(6) - Application for invalidity failed.

Section 47(2)(b) based on Section 5(4)(a) - Application for invalidity failed.

Points Of Interest

• 1. None

Summary

The mark in suit was applied for on 23 October 2002 and registered on 2 May, 2003.

On 13 October 2003 Testament Clothing Company Limited (Testament) filed an application for invalidity claiming that it had used the identical mark in relation to identical goods and it claimed a reputation and goodwill in the mark. Bad faith was claimed on the basis that the registered proprietor was aware of Testament’s use since he had been a director of Testament between March 2001 and December 2001.

A copy of the application for invalidity was sent to the registered proprietor but there was no response and no defence was filed. Testament was invited to file evidence to support the allegations in its application. In the event no evidence was filed.

The Hearing Officer noted that the registered proprietor had not defended his registration but even so, as the applicant had not filed any evidence to substantiate its claims, he dismissed the application on both the Section 3(6) and Section 5(4)(a) grounds.

Full decision O/142/04 27Kb