Trade mark decision

BL Number

O/157/02

Decision date

3 April 2002

Hearing officer

Mr D Landau

Mark

TITANIC

Classes

42

Registered Proprietor

Harland & Wolff Shipbuilding & Heavy Industries Limited

Applicants for Declaration of Invalidity

J A Hyman Ltd

Application for Invalidation

Section 47(2)(b) (Section 5(4)(a))

Result

Section 47(2)(b): - Failed.

Points Of Interest

• 1. The sole ‘relevant date’ in invalidation proceedings is the date of application for registration.

Summary

The attack was confined to "services connected with the provision of food and drink, restaurant and catering services". The applicants were suppliers of a wide range of food and drink products using the marks TITANIC, TITANICS and TITANIC products from premises formerly operated as a restaurant. Use of the mark dated back to 1914 and was due to a family connection with a survivor of the Titanic disaster. The Hearing Officer, however, considered that the evidence did not support the contention that at the relevant date the applicants enjoyed goodwill in relation to any form of restaurant or takeaway or sandwich bar service. The application therefore failed.

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URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o15702.html