Trade mark decision

BL Number
O/520/01
Decision date
26 November 2001
Hearing Officer
Dr W J Trott
Mark
THEATRE OF DREAMS
Classes
16
Registered Proprietor
PMAP Limited
Applicant for Invalidity
Manchester United Merchandising Limited
Invalidity
Sections 47(1) based on Section 3(6)

Result

Sections 47(1) & 3(6) - Revocation successful

Points Of Interest

  • Bad Faith: A useful review of what is meant by bad faith (Section 3(6)).

Summary

The applicants for revocation provided evidence to establish that they had used the mark at issue before application was made by the registered proprietor on 27 October, 1999. Additionally the registered proprietors had provided goods falling within their specification - in particular posters bearing the mark at issue to the applicants for sale by them. Having fully reviewed all the surrounding circumstances the Hearing Officer decided that the registered proprietors had been aware of the applicants rights when they applied to register the mark. Therefore a claim to ownership was an act of bad faith since the registered proprietors clearly did not own the mark. Revocation thus succeeded.

Full decision O/520/01 PDF document28Kb