Trade mark decision

BL Number
Decision date
7 November 2002
Hearing Officer
Mr M Foley
09, 16, 41
Registered Proprietors
Graham Oliver & Steve Dawson
Applicant for Declaration of Invalidity
Peter Byford
Application for Invalidation
Section 47 (Sections 3(6) & 5(4)(a))


Application for declaration of invalidity - Failed

Points Of Interest

  • 1. Partnership : Rights and interests in property.
  • 2. Equal rights in the goodwill as at the date of application.


The parties were all former members of the group or band ‘SAXON’. The Hearing Officer dealt with the matter first under Section 5(4)(a). He noted that there was no dispute that a registration and goodwill attached to the name SAXON, it was the ownership that was in question. As there was no suggestion that any person other than the group had used the mark prior to its first use by them the group would appear to be the proprietor; but as an unincorporated body, the rights in the name rested with each individual member at the time of first use.

After reviewing the history of the group and its members, the Hearing Officer concluded that Section 5(4)(a) allowed the proprietor of an earlier right to prevent use of a later mark. In this case both the applicant and the proprietor had rights in the goodwill of the SAXON name but from the same date, and hence the action could not succeed under Section 5(4)(a).

The Hearing Officer found that the case under Section 3(6) had not been made out.

Full decision O/455/02 PDF document47Kb