Trade mark decision

BL Number
Decision date
22 December 2003
Hearing Officer
Mr M Reynolds
Registered Proprietor
Majestic Towels Limited
Applicants for a declaration of invalidity
Crowncom Limited
Application for Invalidation
Section 47(1) (citing Sections 3(1)(a); 3(1)(b) & 3(1)(d))


Application for invalidation, Section 47(1) - Failed

Points Of Interest

  • 1. None


At the outset the Hearing Officer noted the difficulty faced by the applicants in, on the one hand claiming in their evidence to be proprietors of the mark BLACKJACK, and on the other alleging that it is a generic term. However, as proprietorship had not been claimed in the pleadings he was unable to consider that aspect of the matter.

Turning to the actual allegations pleaded however, the Hearing Officer, after a careful examination of the evidence, could not find that the applicants had made their case. The evidence was in certain key respects deficient in form and inconclusive in terms of establishing what it set out to achieve.

The application failed accordingly.

Full decision O/397/03 PDF document30Kb