Trade mark decision
- BL Number
- O/142/07
- Decision date
- 30 May 2007
- Hearing Officer
- Mr G Attfield
- Mark
- LONGITUDE
- Classes
- 33
- Applicant for Invalidity
- Terrace Road Trading (Pty) Limited
- Registered Proprietor
- Adega Cooperative de Redondo CRL
- Invalidity
- Section 47(2)(b) based on Section 5(4)(a)
Result
Section 47(2)(b) & Section 5(4)(a): Application for invalidity successful.
Points Of Interest
- None
Summary
The applicant for invalidation claimed to have used its mark LONGITUDE in respect of wines, which are identical and similar goods as those of the registered proprietor, from 2001 onwards. It filed evidence to substantiate this claim and the Hearing Officer accepted that by 25 September 2005, the date when the registered proprietor applied for protection in the UK, it had a reputation and goodwill in the UK n respect of wines.
The registered proprietor did not defend its registrations so in view of the finding in respect of goodwill and reputation, the Hearing Officer found the application for invalidity to be successful.
Full decision O/142/07 
46Kb
