Trade mark decision

BL Number

O/352/03

Decision date

17 November 2003

Hearing Officer

Mr G Attfield

Mark

PLUVERA

Classes

29

Applicant for Invalidity

Klaasen & Co NV

Registered Proprietor

Fasil Kamal

Invalidity

Sections 47(1) & 2(b) based on Sections 3(6) & 5(4)(a)

Result

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

Summary

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 34Kb