BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> BIKENET (Trade Mark: Invalidity) [2003] UKIntelP o12303 (29 April 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o12303.html
Cite as: [2003] UKIntelP o12303

[New search] [Printable PDF version] [Help]

BIKENET (Trade Mark: Invalidity) [2003] UKIntelP o12303 (29 April 2003)

For the whole decision click here: o12303

Trade mark decision

BL Number
O/123/03
Decision date
29 April 2003
Hearing officer
Mrs S Long
Mark
BIKENET
Classes
12, 25, 35
Registered Proprietor
Caratti Sport Limited
Applicants for a declaration of Invalidity
Bikenet Motorcycles Limited
Application for Invalidation
Section 47(1) (Section 3(6))

Result

Application for invalidatation Sections 47(1), failed.

Points Of Interest

Summary

The applicants alleged that the mark had been registered in breach of Section 3(6) as the registered proprietors had had no intention of using the mark, and no such use had actually been made of it. The registered proprietor did not file a counterstatement but the Hearing Officer held that the mark must be presumed valid. No prima facie case had been made out in support of the allegations of bad faith. Hence the application for invalidation must fail.


BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o12303.html