Trade mark decision

BL Number
Decision date
13 August 2002
Hearing Officer
Mrs S Long
19, 27
Applicant for Invalidity
Floodskirt Ltd
Registered Proprietor
Malhou Textile KHM Kolsch GmbH & Co
Sections 47(1) & 3(6)


Sections 47(1) & 3(6) - Invalidity action failed.

Points Of Interest

  • None


The applicants for invalidity had applied for registration of their mark NEPTUNE in the UK and the mark in suit, which is an International Registration, was raised as a citation.

The applicants say that they have investigated the proprietors of the registered mark and discovered that in fact they had been liquidated and removed from the German company register in the year 2000. However, both the International mark and the German basis mark remain on the trade mark registers and are still valid. The applicants submit that the proprietors should have been aware that they were about to be liquidated when they filed their application and thus they could have had no intention to use their mark on the broad list of goods claimed.

The Hearing Officer accepted that in a case where no defence was provided by the proprietors the applicants did not need to fully substantiate their claims.

However, it was necessary to at least make out a prima facie case and they had not done so in this instance. In particular there was no evidence filed to show that the proprietors had no intention of using their mark when they made their application. Therefore the application under Section 3(6) must fail.

Full decision O/334/02 PDF document15Kb