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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 >> FACCHINO (Trade Mark: Invalidity) [2000] UKIntelP o17300 (16 May 2000) URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o17300.html Cite as: [2000] UKIntelP o17300 |
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For the whole decision click here: o17300
Result
Section 47(2) and Section 5(4)(a) - Application for Invalidity successful.
Points Of Interest
Summary
The applicants for Invalidity claimed to have adopted the trade mark FACCHINO/FACCINO in October 1992 and to have sold leather goods to Salisburys, who had a nationwide chain of stores at that time, from November1993 onwards. The registered proprietor claimed modest user of the mark FACCHINO from 1994 though some of the material provided was undated.
Under Section 5(4)(a) the Hearing Officer concluded that the applicants had established user from November 1993 and, by the time the registered proprietors first commenced to use their mark in early 1994, they had achieved considerable sales through the Salisburys chain of stores and thus established a goodwill and reputation. As the marks are identical or very close and the goods at issue are identical the Hearing Officer was of the view that confusion and actual damage to the applicants goodwill would be caused if the registered proprietors used their mark.
