Trade mark decision

BL Number
Decision date
14 October 2002
Hearing Officer
Mr J MacGillivray
05, 31
Registered Proprietor
Caprivet Limited
Applicants for declaration of invalidity
Tangerine Holdings Limited
Application for Invalidation
Section 47(2)(b); Sections 3(6) & 5(4)(a)

Points Of Interest

  • 1. None


The registered proprietor did not defend the registration and took no part in the proceedings. The applicants claimed substantial prior use of the mark through its wholly owned subsidiary FARMSENSE LIMITED. Reviewing the matter under Section 5(4)(a) the Hearing Officer found the applicants successful and he did not go on to make a finding under Section 3(6). He awarded costs against the registered proprietor.

Full decision O/413/02 PDF document17Kb