Trade mark decision

BL Number
Decision date
9 August 2007
Hearing Officer
Mr D Landau
Registered Proprieter
C & J Clarke International Limited
Applicants for a declaration of Invalidity
Four Star Distribution
Re-hearing of an invalidation application remitted to the Registrar following an appeal to the Appointed Person


Application for invalidation successful for the most part; specification reduced.

Points Of Interest

  • 1. Invalidation of series of marks ,or marks within a series.
  • 2. Material date in invalidation proceedings.


At first instance (see BL O/099/06) the application had failed because the applicants had not provided evidence of use of the mark relied on. Following an appeal to the Appointed Person the matter had been remitted to the Registrar for further consideration (see BL O/371/06).

Following the re-hearing ,the Hearing Officer ruled that the application for invalidation had succeeded for the most part and the specification was reduced accordingly.

However, in case he should be found wrong in respect of one of the trade marks in the series and correct in respect of the other ,he went on to consider the question of invalidation of a series of trade marks ; a matter on which he had invited and received written submissions.

Full decision O/224/07 PDF document174Kb