Trade mark decision

BL Number
O/151/05
Decision date
10 June 2005
Hearing Officer
Mr J MacGillivray
Mark
AUTOFLEX
Classes
09, 35, 37, 39
Registered Proprietor
Interleasing (UK) Limited
Applicant for a declaration of invalidity
ANC Rental Corporation (UK) Limited
Application for Invalidation
Section 47(2)(b) (citing Section 5(4)(a))

Result

Application for invalidation, Section 47(2)(b) (citing Section 5(4)(a)), failed.

Points Of Interest

  • 1. None

Summary

The applicant's evidence in support of its claim to ownership of an earlier right was, in the view of the Hearing Officer, insufficient in that it did not demonstrate a goodwill at the relevant date sufficient to sustain a passing off action. Indeed, it seemed likely that any goodwill at that time was attached to the registered proprietor.

The application for a declaration of invalidity failed accordingly.

Full decision O/151/05 PDF document40Kb