Trade mark decision

BL Number

O/173/02

Decision date

19 April 2002

Hearing officer

Mr J MacGillivray

Mark

CD CARD

Classes

16

Registered Proprietor

Tabak Marketing Limited

Applicants for Revocation & Declaration of Invalidity

VFM Children's Entertainment Limited

Revocation & application for Invalidation

Sections 46(1)(c); 47(1) (Sections 3(1)(b), 3(1)(c); 3(1)(d) & 3(6))

Result

Application for invalidation Section 47(1) successful. Application for revocation, no formal finding.

Points Of Interest

• Whilst Section 72 places the onus on the applicants for invalidation, the Registrar’s tribunal may nevertheless proceed by way of a re-hearing on the basis on which the mark was accepted, using (the Hearing Officer’s) own knowledge and experience.

Summary

This was one of two related actions against the registration (see also BL O/173/02). Under Sections 3(1)(b) and 3(1)(c) the Hearing Officer reached the same findings as in BL O/172/02, q.v. He made no formal findings under any of the other grounds cited.

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