Trade mark decision

BL Number
O/407/00
Decision date
6 November 2000
Hearing Officer
Dr W J Trott
Mark
WINBACS
Classes
09
Registered Proprietor
Checkpoint Security Security Services Limited
Applicant for Declaration of Invalidity
BACS Limited
Invalidation
Sections 47(1) & 47(2)(a)

Result

Declaration of invalidity under Section 47(2)(a) granted.

Points Of Interest

  • None

Summary

The Section 47(1) (Section 3(6)) ground failed because in the absence of evidence to buttress the applicants’ account (such as relevant correspondence) the Hearing Officer did not feel able to make a finding of ‘bad faith’. The Ground under Section 47(2)(a) was based on the applicants’ registrations of various BACS marks (BACS, BACSMAIL EBACS) etc; and the Hearing Officer was asked to accept that WIN was a common and well understood reference to WINDOWS. Noting that the registered proprietor had not denied this assertion, the Hearing Officer went on to find that the mark had been registered in breach of the provisions of Section 5(2)(b), and accordingly directed that the registration was invalid, and deemed never to have been made.

Full decision O/407/00 PDF document30Kb