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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> MOHAWK RECORDS (Trade Mark: Invalidity) [2003] UKIntelP o28703 (19 September 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o28703.html
Cite as: [2003] UKIntelP o28703

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MOHAWK RECORDS (Trade Mark: Invalidity) [2003] UKIntelP o28703 (19 September 2003)

For the whole decision click here: o28703

Trade mark decision

BL Number
O/287/03
Decision date
19 September 2003
Hearing officer
Mr G Attfield
Mark
MOHAWK RECORDS
Classes
09
Registered Proprietor
Christopher John Crook
Applicants for a Declaration of Invalidity
Alphamagic Limited
Application for Invalidation
Section 47(1) (Section 3(6))

Result

Application for invalidation, Section 47(1) citing Section 3(6) successful.

Points Of Interest

Summary

The action was uncontested but a prima facie case of bad faith was required, to overcome the presumptions of validity enshrined in Section 72 of the Act.

The applicants provided a witness statement which stated that on the severing of the contractual relationship between the applicants and the registered proprietor two of the four record labels owned by the applicants were transferred to him. The label in suit, however, was retained by the applicants and the registered proprietor was informed in writing on at least two occasions that he had no rights in that label.

The Hearing Officer agreed that this amounted to a prima facie case of bad faith. This had not been rebutted by the registered proprietor and the registration was declared invalid accordingly.


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URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o28703.html