Trade mark decision

BL Number: O/235/04
Decision date: 6 August 2004
Hearing Officer: Mr G Attfield
Mark: FALAK
Classes: 30, 31
Registered Proprietor: Indo European Foods Limited
Applicant for a Declaration of Invalidity: Matco Rice Processing (Pvt) Limited
Application for Invalidation: Section 47(1) (citing Sections 3(6) & 5(4)(a)), & Section 60(3)(a)

Result

Application for invalidation, Section 47(1) citing Section 3(6), successful.

Points Of Interest

1. None

Summary

The application was not contested by the registered proprietor but the presumption of validity enshrined in Section 72, prevented any summary removal of the registration. The Hearing Officer therefore proceeded to a consideration of the prima facie case provided in support of the application. Having done so he concluded that the mark had indeed been registered by a distributor firm which could not claim to be the rightful owner.

The application for invalidation citing Section 3(6) succeeded accordingly and the Hearing Officer did not go on to consider the matter under the other grounds cited.

Full decision O/235/04 24Kb