Trade mark decision

BL Number

O/521/01

Decision date

26 November 2001

Hearing officer

Mr D Landau

Mark

HANKOOK

Classes

09

Registered Proprietor

Fiamm Automotive Limited

Applicants for Rectification

Korea Storage Battery Co Limited

Application for Invalidation and or Rectification

Sections 47(1) & 60

Result

Section 47(1) - Application for declaration of invalidity unsuccessful

Section 60 - Application for rectification unsuccessful

Points Of Interest

• 1. "If the registered proprietor was the agent or representative of the applicant it would be reasonable to presume that there would be some form of agreement - between the parties".
• 2. ".... if the registered proprietor is the owner of the goodwill in the (mark) in the UK, it is difficult to envisage how he could have acted in bad faith".

Summary

The applicants claimed that they were owners of the mark in a Convention country, and the registered proprietor was their agent or representative. The Hearing Officer, however, could not find that the evidence supported either of these claims. The application under Section 60 failed accordingly. As to the allegation of bad faith (Section 3(6)), which was the basis of the attack under Section 47(1), the Hearing Officer found that as no written agreement was produced, the matter came down to a factual enquiry. The ‘failings’ of the evidence meant that the case was not made. The application for invalidation failed accordingly.

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URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o52101.html