Trade mark decision

BL Number
O/471/01
Decision date
29 October 2001
Hearing Officer
Mr O Morris
Mark
FLY CHEAP
Classes
39
Registered Proprietor
Phonenames Ltd
Applicants for Declaration of Invalidity
Airtours Plc
Application for Invalidation
Section 47(1)

Result

Section 47(1) - Application for invalidation successful

Points Of Interest

  • "Immense state of incongruity" between the type of services specified in the registered proprietor’s ‘web-pages’ and those specified in the registration.

Summary

The applicants alleged that the registered proprietor had applied for the registration without any bona fide intention of using the mark. The registered proprietor did not file any evidence rebutting this. The Hearing Officer considered that a prima facie case had been made out and the onus on the registered proprietor had not been discharged.

Full decision O/471/01 PDF document10Kb