Trade mark decision

BL Number
Decision date
11 May 2001
Hearing Officer
Mr A James
Registered Proprietor
A1 Trading Limited
Applicants for Invalidation
L.T. Overseas Ltd
Application for Invalidation
Section 47(1)


Section 47(1): - Application for invalidation partially successful.

Points Of Interest

  • Useful exploration of ‘bad faith’ Section 3(6).


The applicants contended that the registered proprietor had made their application for registration in bad faith, in that they were aware of the applicants use of the mark abroad and pre-empted an application for registration in the UK. Also they contended that they had no bona fide intention to use the mark. The Hearing Officer found that whilst the accusation of an absence of a bona fide intention to use failed there had been "unacceptable commercial behaviour" in relation to the application for registration in respect of rice and similar goods".

Full decision O/227/01 PDF document37Kb