Trade mark decision

BL Number
Decision date
26 June 2003
Hearing Officer
Mr O Morris
35, 36, 37, 40, 41, 42
Registered Proprietor
Care Industry Trading Services Limited
Applicants for Declaration of Invalidity
Kendelpace Limited
Application for Invalidation
Section 47(1) (Section 3(6))


Section 47(1): application for invalidation, citing Section 3(6), failed.

Points Of Interest

  • None


The applicants alleged that the mark had been applied for in bad faith because the proprietor had had no intention of using the mark in connection with the services specified.

The registered proprietor did not contest the matter, but the statutory presumption of validity required at least a prima face case in support of the application.

The applicant’s case, however, amounted to little more than an invitation to the Hearing Officer to draw inferences concerning the registered proprietor’s intentions, at the date of application for registration, from certain facts and circumstances relating to the proprietors standing and present state.

This the Hearing Officer declined to do, and the application for invalidation failed.

Full decision O/177/03 PDF document28Kb