Trade mark decision

BL Number
O/586/17
Decision date
22 November 2017
Hearing Officer
Mr M Bryant
Mark
Douglas of Drumlanrig
Classes
33

Grounds

  • Section 3(6) Bad Faith - No intention to use
  • Section 3(6) Bad Faith - Knowledge of opponent's use in the UK
  • Section 3(6) Bad Faith - Knowledge of opponent's mark outside the UK
  • Section 3(6) Bad Faith - Breach of agreement between the parties
  • Section 3(6) Bad Faith - Breakdown of former business relationship
  • Section 5(4) Earlier Rights - Standard of proof (evidential issues)
  • Other Issues - Construction of agreements / contracts
  • Revocation / Proof of Use - Dates - genuine use
  • Revocation / Proof of Use - Variant forms of marks - use with another mark
  • Revocation / Proof of Use - Use with Registered Proprietor’s (RP) consent - use by licensee
  • Revocation / Proof of Use - Proper reasons for non-use - circumstances internal to the RP
  • Procedural Issues - Cross-examination
  • Procedural Issues - Further evidence
  • Procedural Issues - Pleadings, Strike out, Estoppel
  • Procedural Issues - Disclosure

Full decision O/586/17 PDF document556Kb