Trade mark decision

BL Number: O/315/04
Decision date: 15 October 2004
Hearing Officer: Mr G Salthouse
Mark: SCIP-r NOSCO
Classes: 41
Registered Proprietor: Scip-r Nosco
Applicant for a declaration of Invalidity: Marion Cornick
Application for Invalidation: Section 47(1) (citing Sections 3(6), 32(2)(b) & 32(3))

Result

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

Points Of Interest

1. Bad faith: application for registration by applicant having no legal personality.

Summary

The Hearing Officer dealt first with the allegation that the application for registration had been made in bad faith in that the registered proprietor was not a legal entity either at the date of application or now. As such, the applicant alleged, they can have had no bona fide intention to use the mark.

The Hearing Officer accepted that a genuine mistake had been made; there had been no intention to mislead. Nevertheless, as the applicant for registration had no legal existence a finding of bad faith was unavoidable.

As the applicant had succeeded under Section 3(6) the Hearing Officer did not go on to consider the other grounds for invalidation.

Full decision O/315/04 27Kb