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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> WET AND FORGET WET FORGET (series of two marks) (Trade Mark: Inter Partes) [2006] UKIntelP o22506 (3 August 2006)
URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o22506.html
Cite as: [2006] UKIntelP o22506

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WET AND FORGET WET FORGET (series of two marks) (Trade Mark: Inter Partes) [2006] UKIntelP o22506 (3 August 2006)

For the whole decision click here: o22506

Trade mark decision

BL Number
O/225/06
Decision date
3 August 2006
Hearing officer
Mr M Reynolds
Mark
WET AND FORGET WET & FORGET (series of two marks)
Classes
03, 05, 16, 35, 40
Registered Proprietor
Brinton Products Ltd
Applicants for a declaration of invalidity
Wet & Forget Limited
Application for Invalidation
Section 47(1) (citing Section 3(6))

Result

Application for invalidation Section 47(1) (citing Section 3(6)): Successful.

Points Of Interest

Summary

The applicants, (WFL) a New Zealand company, held registrations of the mark WET & FORGET, in New Zealand. They were the manufacturers of certain anti-mould and anti-moss products. It was claimed that a director of the registered proprietor company (BPL) approached WFL showing interest in distributing WFL’s products in the UK. The ensuing negotiations included a confidentiality agreement. The negotiations broke down but meantime BPL had applied to register the mark in the UK, without it was said, the knowledge or consent of WFL.

From the evidence and submissions before him the Hearing Officer concluded that BPL’s application to register the mark had indeed been made in bad faith. The registration was declared invalid.


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URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o22506.html