Trade mark decision

BL Number

O/345/00

Decision date

20 September 2000

Hearing officer

Mr M Reynolds

Mark

HOT HERBAL DIGESTIVE TEA THE NATURAL AID TO DIGESTION

Classes

05

Applicant

Empresa Mate Larangeria Mendes SA

Opponent

Elizabeth Dahl

Invalidity

Sections 47(1) & 3(6)

Result

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

Points Of Interest

• Evidence : The registered proprietors evidence was not properly sworn and this had been pointed out to her by Registry staff. As no action had been taken to rectify matters the Hearing Officer was unable to give any weight to the registered proprietors evidence.

Summary

The nub of the applicants complaint was that they were an established company who have been using the device of a Maltese Cross and the words CRUZ DE MALTA since 1874. In 1994 they had contact with the registered proprietor and/or her company and sample goods were provided in the context of a possible marketing agreement. Both the goods and correspondence carried the applicants mark. The registered proprietor was thus aware of the true ownership of the Maltese Cross device when, she applied to register her mark in 1995. In all the circumstances the Hearing Officer concluded that the mark at issue had been applied for in bad faith.

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