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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> OXYFRESH (Trade Mark: Rectification) [1999] UKIntelP o09599 (25 March 1999)
URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o09599.html
Cite as: [1999] UKIntelP o09599, [1999] UKIntelP o9599

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OXYFRESH (Trade Mark: Rectification) [1999] UKIntelP o09599 (25 March 1999)

For the whole decision click here: o09599

Trade mark decision

BL Number
O/095/99
Decision date
25 March 1999
Hearing officer
Mr S J Probert
Mark
OXYFRESH
Classes
03, 04, 05
Registered Proprietor
Mayfair Projects Limited
Applicants for Rectification and a declaration of Invalidity
Oxyfresh Worldwide Inc
Invalidation
Section 47(1)

Result

Section 47(1) - Application successful; registration removed.

Section 47(1) - Application successful; registration removed.

Points Of Interest

Summary

At the outset the Hearing Officer pointed out, by reference to Section 64(1), that an application for rectification could not be made in conjunction with in invalidity action. The application for rectification was withdrawn accordingly. The application for invalidation was based on the allegation that the registered proprietor had never had a bona fide intention to use the mark. Consequently the application for registration had been made in bad faith, and had been registered contrary to the provisions of Section 3(6). The Hearing Officer found that the applicants’ evidence established a strong prima facie case of bad faith and this had not been adequately dealt with by the registered proprietor. He therefore declared the registration invalid.


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URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o09599.html