Trade mark decision

BL Number

O/455/02

Decision date

7 November 2002

Hearing Officer

Mr M Foley

Mark

SAXON

Classes

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))

Result

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.

Summary

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 47Kb