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United Kingdom Intellectual Property Office Decisions |
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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> HOT HERBAL DIGESTIVE TEA THE NATURAL AID TO DIGESTION (Trade Mark: Invalidity) [2000] UKIntelP o34500 (20 September 2000) URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o34500.html Cite as: [2000] UKIntelP o34500 |
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For the whole decision click here: o34500
Result
Sections 47(1) & 3(6) - Invalidity successful
Points Of Interest
Summary
The nub of the applicants complaint was that they were an established company who have been using the device of a Maltese Cross and the words CRUZ DE MALTA since 1874. In 1994 they had contact with the registered proprietor and/or her company and sample goods were provided in the context of a possible marketing agreement. Both the goods and correspondence carried the applicants mark. The registered proprietor was thus aware of the true ownership of the Maltese Cross device when, she applied to register her mark in 1995. In all the circumstances the Hearing Officer concluded that the mark at issue had been applied for in bad faith.
