Trade mark decision

BL Number

O/224/07

Decision date

9 August 2007

Hearing officer

Mr D Landau

Mark

CICA

Classes

25

Registered Proprieter

C & J Clarke International Limited

Applicants for a declaration of Invalidity

Four Star Distribution

Re-hearing of an invalidation application remitted to the Registrar following an appeal to the Appointed Person

Result

Application for invalidation successful for the most part; specification reduced.

Points Of Interest

• 1. Invalidation of series of marks ,or marks within a series.
• 2. Material date in invalidation proceedings.

Summary

At first instance (see BL O/099/06) the application had failed because the applicants had not provided evidence of use of the mark relied on. Following an appeal to the Appointed Person the matter had been remitted to the Registrar for further consideration (see BL O/371/06).

Following the re-hearing ,the Hearing Officer ruled that the application for invalidation had succeeded for the most part and the specification was reduced accordingly.

However, in case he should be found wrong in respect of one of the trade marks in the series and correct in respect of the other ,he went on to consider the question of invalidation of a series of trade marks ; a matter on which he had invited and received written submissions.

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