Trade mark decision

BL Number
Decision date
3 August 2006
Hearing Officer
Mrs A Corbett
Registered Proprietor
Alan Finch
Applicants for a declaration of invalidity
Score Draw Limited
Application for Invalidation
Section 47(1) (citing Sections 3(1)(b), 3(1)(c), 3(1)(d) & 3(6)


Application for invalidation, Section 47(1) (citing Sections 3(b), (c) & (d) & 3(6): Failed.

Points Of Interest

  • ‘Customary in the trade’; sale of ‘retro’ items.


The applicant alleged that the badge and letters were identical with the former official emblem of the Brazilian governing sports body and closely resembled the present CBF emblem of the Brazilian football governing body.

The objection under Section 3(1)(d) failed; the applicant had not established that at the material date the trade mark in suit was customarily used in relation to the trade in clothing.

The Hearing Officer went on to find that the mark was made up of a number of elements, together forming a distinctive whole, and capable of acting as an indication of origin. The objections under Sections 3(1)(b) and (c) failed accordingly.

The Hearing Officer dismissed the Section 3(6) objection. Although it was not disputed that the mark was formerly used by the Brazil football team, that use had ceased in 1971. The evidence did not establish that the registered proprietor had acted in bad faith in applying to register the mark as his own.

The application for a declaration of invalidity therefore failed on all counts.

Full decision O/219/06 PDF document134Kb