Trade mark decision

BL Number

O/291/04

Decision date

22 September 2004

Hearing Officer

Mr G Attfield

Mark

PILIVITE

Classes

21

Registered Proprietor

J Chomette & Son Limited

Applicants for a declaration of invalidity

Sas Nouvelle Pillivuyt

Application for Invalidation

Sections 47(1) & 47(2) (citing Sections 3(6); 5(4)(a); 32(3) and 60(3)(a)

Result

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

Points Of Interest

• Bad faith; registration by a distibutor; Anglicisation of owner's actual mark.

Summary

The registered proprietor did not file a counterstatement; however, the provisions of Section 72 prevented any summary removal of the registration. The Hearing Officer therefore turned to a consideration of the case put forward by the applicant.

It appeared from the evidence put forward that the mark in suit was merely an "Anglicisation" of the applicant's mark PILLIVUYT, and had been "registered by Pillivuyt's distributor and used as a colourable alternative to the trade mark under which the goods were supposed to be sold".

This evidence had not been challenged by the registered proprietor. Accordingly the Hearing Officer concluded that the allegation of bad faith had been well founded and the application for invalidation succeeded. He did not go on to consider the remaining grounds cited.

Full decision O/291/04 32Kb