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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> OVICOL (Trade Mark: Invalidity) [2002] UKIntelP o50502 (10 December 2002)
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o50502.html
Cite as: [2002] UKIntelP o50502

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OVICOL (Trade Mark: Invalidity) [2002] UKIntelP o50502 (10 December 2002)

For the whole decision click here: o50502

Trade mark decision

BL Number
O/505/02
Decision date
10 December 2002
Hearing officer
Mrs A Corbett
Mark
OVICOL
Classes
31
Registered Proprietor
Caprivet Holdings Ltd
Applicants for Declaration of Invalidity
Tangerine Holdings Ltd
Application for Invalidation
Sections 47(1) (Section 3(6)) & 47(2)(b)(Section 5(4)(a))

Result

Application for invalidation, Section 47(2)(b) (Section 5(4)(a)); successful.

Application under Section 47(1) (Section 3(6)); no formal finding.

Points Of Interest

Summary

The Hearing Officer dealt first with the Section 5(4)(a) aspect. Having reviewed the evidence the Hearing Officer was satisfied that the applicants had the necessary goodwill as at the relevant date; damage would occur, and the application for invalidation succeeded accordingly.


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URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o50502.html