Trade mark decision

BL Number
Decision date
23 September 2002
Hearing Officer
Mr M Foley
Registered Proprietor
Cairnford Ceramics Limited
Applicants for Declaration for Invalidity
Thai Wall Tile Limited Partnership
Application for Invalidation
Section 47 (Sections 3(6); 5(4)(a) & 5(4)(b))


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

Points Of Interest

  • 1. Bad faith : evidence established case "to a reasonable level of certainty".


The applicants for invalidation claimed that they owned and used the mark prior to the date of application for registration, and the registered proprietor was aware of this.

The Hearing Officer, having commented that the evidence was "Thin to say the least", nevertheless found that it established ‘to a reasonable level of certainty’ that the registered proprietor was aware that the TCI logo was the applicants’ mark and that they had a trade in the UK.

The Section 3(6) case succeeded accordingly and the Hearing Officer did not go on to give detailed considerations of the other grounds beyond remarking that the Section 5(4)(a) ground would probably succeed; the evidence for the Section 5(4)(b) objection was insufficient, however.

Full decision O/383/02 PDF document21Kb