Trade mark decision

BL Number

O/139/06

Decision date

26 May 2006

Hearing officer

Mr M Reynolds

Mark

Fletcher

Classes

12

Registered Proprietor

Fletcher International Ltd

Applicants for a declaration of invalidity

Fletcher Boats Limited

Application for invalidation

Sections 47(1) citing Section 3(6)) & 47(2) (citing Section 5(4)(a))

Result

Application for invalidation Section 47(1) (citing Section 3(6)): successful. Application for invalidation Section 47(2) (citing Section 5(4)(a)): successful.

Points Of Interest

• 1. Bad faith.
• 2. Acquiescence.
• 3. Late filed evidence; application for confidentiality.

Summary

The applicants claimed that the mark had been used by its former owners for over 40 years. When that company had gone into liquidation they had purchased the assets including rights in the Fletcher name from the Administrative Receiver. The present registered proprietor had approached them at the time with a view to making a joint bid. Thus, he knew of their purchase and his application for registration was therefore made in bad faith. His use of the mark would be passing-off.

The registered proprietor denied these allegations and claimed also that the applicants had acquiesced in the registration.

Having considered the matter the Hearing Officer found the applicants successful under both grounds and he also found that there was no sufficiently reliable basis on which to find that the applicant had acquiesced in the registration.

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URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o13906.html