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Reports of Patent, Design and Trade Mark Cases 2007 124(12):462-485; doi:10.1093/rpc/2007rpc19
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© Crown Copyright

[2007] R.P.C. 19

BRUTT TRADE MARKS

Appointed Person

(Richard Arnold Q.C.): December 20, 20061

[2007] R.P.C. 19

Trade mark—Declaration of Invalidity—Whether marks applied for in bad faith—Whether registered proprietor was agent of applicant for revocation or vice versa—Application for declaration refused—Appeal to Appointed Person—Hearing officer's decision failing to make clear findings of fact—Correct approach where principal dispute between parties is one of fact.

Key Words: Bad faith • Civil evidence • Declarations of invalidity • Joint ventures • Trade marks

1 Paragraph numbers in this judgment are as assigned by the court.


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