Trade mark decision

BL Number
O/475/00
Decision date
20 December 2000
Hearing Officer
Mr G Rose'Meyer
Mark
GLENMOY
Classes
33
Registered Proprietor
Stewart Shepley t/a Shackleford Marketing Associates
Applicants for Declaration of Invalidity
Macdonald & Muir Ltd
Invalidation
Sections 47(1) & 47(2)(a)

Result

Applicants under Section 47(1) - Dismissed

Applicants under Section 47(2) - Failed

Points Of Interest

  • Scottish elements in the marks, THE GLEN, etc

Summary

The application under Section 47(1) was founded in an allegation of bad faith (Section 3(6)). The Hearing Officer found no support of this, and in fact found indications to the contrary in the evidence. The remaining ground was essentially to be determined by a comparison of the mark GLENMOY and GLENMORAY. The Hearing Officer concluded that the marks would not give rise to a likelihood of confusion and in view of the provisions of Section 72, concluded that the onus on the applicants had not been discharged.

Full decision O/475/00 PDF document32Kb