Trade mark decision

BL Number

O/315/04

Decision date

15 October 2004

Hearing officer

Mr G Salthouse

Mark

SCIP-r NOSCO

Classes

41

Registered Proprietor

Scip-r Nosco

Applicant for a declaration of Invalidity

Marion Cornick

Application for Invalidation

Section 47(1) (citing Sections 3(6), 32(2)(b) & 32(3))

Result

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

Points Of Interest

• 1. Bad faith: application for registration by applicant having no legal personality.

Summary

The Hearing Officer dealt first with the allegation that the application for registration had been made in bad faith in that the registered proprietor was not a legal entity either at the date of application or now. As such, the applicant alleged, they can have had no bona fide intention to use the mark.

The Hearing Officer accepted that a genuine mistake had been made; there had been no intention to mislead. Nevertheless, as the applicant for registration had no legal existence a finding of bad faith was unavoidable.

As the applicant had succeeded under Section 3(6) the Hearing Officer did not go on to consider the other grounds for invalidation.

---

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/uk/cases/UKIntelP/2004/o31504.html