Trade mark decision

BL Number
Decision date
17 November 2003
Hearing Officer
Mr G Attfield
Applicant for Invalidity
Klaasen & Co NV
Registered Proprietor
Fasil Kamal
Sections 47(1) & 2(b) based on Sections 3(6) & 5(4)(a)


Section 47(1) & Section 3(6): - Invalidity application failed.

Section 47(2)(b) & Section 5(4)(a): - Invalidity application successful.

Points Of Interest

  • 1. None


The registered proprietor’s mark was registered from 28 July 2001 in respect of a range of meat products in Class 29. He did not defend his registration.

The applicants for invalidation filed evidence to establish that they had used the identical mark PLUVERA on a continuous basis in the UK from 1991 onwards in respect of chickens and chicken products. The Hearing Officer accepted that they had established a reputation and goodwill in the mark PLUVERA in the UK in respect of the same and similar goods before the registered proprietor applied to register the mark in suit. Thus the applicants succeeded in their application on the Section 5(4)(a) ground – Passing Off.

As the applicants filed no evidence in support of their Section 3(6) ground – bad faith – the Hearing Officer dismissed this ground.

Full decision O/352/03 PDF document34Kb