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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> DAAWAT (Trade Mark: Invalidity) [2001] UKIntelP o22701 (11 May 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o22701.html
Cite as: [2001] UKIntelP o22701

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DAAWAT (Trade Mark: Invalidity) [2001] UKIntelP o22701 (11 May 2001)

For the whole decision click here: o22701

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

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".


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URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o22701.html