Trade mark decision

BL Number

O/174/04

Decision date

15 June 2004

Hearing Officer

Mr G Attfield

Mark

YOMO

Classes

09, 16, 18, 25, 36

Applicant for Invalidity

Magmas Limited

Registered Proprietor

MD Interactive Limited

Invalidity

Section 47(1) based on Section 3(6)

Result

Section 47(1) & 3(6) - Application for invalidity successful.

Points Of Interest

• 1. None

Summary

The applicant for invalidity claimed that the marks in suit had been applied for in bad faith because at the date of application the registered proprietor did not exist on the Register of Companies held at Companies House, neither was the name listed as a former registered company or the name of a dissolved company. Details of searches carried out were filed as evidence to support these claims.

A copy of the application was sent to the registered proprietor and this elicited a response from Martin Dawes Limited which stated "The Company has been struck off with Companies House for some time now and we have no objection to the trade mark being used". The registered proprietor did not file a counterstatement or defend his registrations.

The Hearing Officer considered the evidence filed by the applicant and concluded that it had made good its claims. A prima facie case of bad faith was established and in the absence of any defence the application must succeed.

Full decision O/174/04 25Kb