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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> AMAZE COLLECTION (Trade Mark: Invalidity) [1999] UKIntelP o00799 (8 January 1999)
URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o00799.html
Cite as: [1999] UKIntelP o799, [1999] UKIntelP o00799

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AMAZE COLLECTION (Trade Mark: Invalidity) [1999] UKIntelP o00799 (8 January 1999)

For the whole decision click here: o00799

Trade mark decision

BL Number
O/007/99
Decision date
8 January 1999
Hearing officer
Mr G Salthouse
Mark
AMAZE COLLECTION
Classes
25
Registered Proprietor
Award Apparel Ltd
Applicant
Neils Christopher Wallis Williams
Invalidity
Section 47(2); mark registered in breach of Sections 5(2)(b), 5(3) and 5(4).

Result

Application for invalidation not based on earlier trade mark (as defined) therefore fails under Sections 5(2)(b) and 5(3).Case for invalidation not strong enough to succeed under Section 5(4).Section 47 application therefore fails in entirety.

Application for invalidation not based on earlier trade mark (as defined) therefore fails under Sections 5(2)(b) and 5(3).Case for invalidation not strong enough to succeed under Section 5(4).Section 47 application therefore fails in entirety.

Points Of Interest

Summary

N.W. applied for declaration of invalidity by reason of earlier application for registration and prior use of mark Ama Zing. Held, however, that earlier application did not proceed to registration and was deemed abandoned at time of registered proprietors application; case under passing off not made.


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URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o00799.html