Trade mark decision
- BL Number
- O/232/01
- Decision date
- 15 May 2001
- Hearing Officer
- Mr R A Jones
- Mark
- ARENA
- Classes
- 09
- Registered Proprietor
- Clive Bramley Nicholson
- Applicant for Revocation & Invalidity
- Front Capital Systems AB
- Revocation
- Sections 46(1)(a) & (b), 46(5)
Result
Sections 46(1)(a) & (b), 46(5): - Application partially successful.
Sections 47(1) & 3(6): - Application failed.
Points Of Interest
- None
Summary
The applicants accepted that the registered proprietor had used his mark but claimed he had not used it on the full range of goods included within the specification. Having examined the evidence of use of the mark provided by the registered proprietor, the Hearing Officer agreed and restricted the specification to a named list of goods in Class 9 (Section 46(5)).
With regard to the invalidity action based on Section 3(6) - Bad Faith - the Hearing Officer concluded that the registered proprietor had acted properly when he applied to register his mark and thus the applicants failed on this ground.
Full decision O/232/01 
27Kb
