Trade mark decision

BL Number
O/505/02
Decision date
10 December 2002
Hearing Officer
Mrs A Corbett
Mark
OVICOL
Classes
31
Registered Proprietor
Caprivet Holdings Ltd
Applicants for Declaration of Invalidity
Tangerine Holdings Ltd
Application for Invalidation
Sections 47(1) (Section 3(6)) & 47(2)(b)(Section 5(4)(a))

Result

Application for invalidation, Section 47(2)(b) (Section 5(4)(a)); successful.

Application under Section 47(1) (Section 3(6)); no formal finding.

Points Of Interest

  • None

Summary

The Hearing Officer dealt first with the Section 5(4)(a) aspect. Having reviewed the evidence the Hearing Officer was satisfied that the applicants had the necessary goodwill as at the relevant date; damage would occur, and the application for invalidation succeeded accordingly.

Full decision O/505/02 PDF document28Kb