Trade mark decision

BL Number

O/124/03

Decision date

1 May 2003

Hearing officer

Mr E S Smith

Mark

TRAFFICMAC

Classes

35

Applicant for Invalidity

Trafficmac Limited

Registered Proprietor

Quantitative Management Solutions Ltd

Invalidity

Section 47(2)(b) based on Section 5(4)(a) & (b)

Result

Section 47(2)(b): - Request for invalidity refused.

Points Of Interest

• 1. Somewhat unusual that neither party pursued the proceedings.

Summary

The mark at issue here was applied for on 10 May 2001 and registered on 12 October 2001. The application for invalidity was filed on 18 September 2002, the applicant claiming that it had started to use the TRAFFICMAC mark in the UK in August 2000 in relation to the supply of services to firms in the advertising industry (Section 5(4)(a)) and that it had a copyright right to the device element of the mark from May 2000 onwards. The applicants application for invalidity was sent to the registered proprietor but there was no response and no TM8 nor counterstatement was filed.

Since the application for invalidity related to Section 5(4)(a) – Passing Off – and Section 5(4)(a) – copyright claim, the applicant was asked to file evidence to support the claims made in the application. No evidence or submissions were filed.

In view of the absence of any evidence to support the application for invalidity the Hearing Officer had no option but to refuse the application.

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