Trade mark decision

BL Number

O/227/01

Decision date

11 May 2001

Hearing Officer

Mr A James

Mark

DAAWAT

Classes

30

Registered Proprietor

A1 Trading Limited

Applicants for Invalidation

L.T. Overseas Ltd

Application for Invalidation

Section 47(1)

Result

Section 47(1): - Application for invalidation partially successful.

Points Of Interest

• Useful exploration of ‘bad faith’ Section 3(6).

Summary

The applicants contended that the registered proprietor had made their application for registration in bad faith, in that they were aware of the applicants use of the mark abroad and pre-empted an application for registration in the UK. Also they contended that they had no bona fide intention to use the mark. The Hearing Officer found that whilst the accusation of an absence of a bona fide intention to use failed there had been "unacceptable commercial behaviour" in relation to the application for registration in respect of rice and similar goods".

Full decision O/227/01 37Kb