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Reports of Patent, Design and Trade Mark Cases 2004 121(15):583-593; doi:10.1093/rpc/2004rpc29
© 2004 by Crown Copyright
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© Crown Copyright

[2004] R.P.C. 29

FERRERO SPA'S TRADE MARKS

Appointed Person

(David Kitchin Q.C.): September 10, 20031

[2004] R.P.C. 29

Trade mark—Declaration of invalidity—Registered proprietors making large numbers of trade mark applications but using only six marks—Whether applications made in bad faith—Marks declared invalid—Appeal to Appointed Person—Whether registrar entitled to infer registered proprietor had no bona fide intention to sue—Whether lack of intention to use amounts to bad faith—Whether applications made under Trade Marks Act 1938 vulnerable to a finding of bad faith—Decision upheld.

Key Words: Appeals • Appointed persons • Bad faith • Trade marks • Validity

1 Paragraph numbers in this decision are assigned by the tribunal.


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