Decision Nº O/138/10 from Intellectual Property Office - (Trade market), 6 May 2010
| Judge | Mr G Salthouse |
| Administrative Decision Number | O/138/10 |
| Registration Number | UK00001501909, UK00002070139 |
| Date | 06 May 2010 |
| Court | Intellectual Property Office (United Kingdom) |
O-138-10
IN THE MATTER OF REGISTRATION No. 1501909
IN THE NAME OF ROBERT DENNIS BUSBRIDGE T/A COBRETTI
ENGINEERING
AND IN THE MATTER OF AN APPLICATION
FOR RECTIFICATION No. 83562
BY MARTIN ALAN BUSBRIDGE
ALSO
IN THE MATTER OF APPLICATION No. 81522
BY ROBERT DENNIS BUSBRIDGE
FOR A DECLARATION OF INVALIDITY
IN RESPECT OF TRADE MARK No. 2070139
STANDING IN THE NAME OF KENNETH COOK
2
BACKGROUND
Rectification
1) On 18 May 1992, Cobretti Engineering (a partnership), subsequently amended (in 2007)
to Robert Dennis Busbridge and Martin Alan Busbridge trading as Cobretti Engineering,
applied for the trade mark VIPER.
2) The trade mark was registered on 12 November 2004 under number 1501909. It is
registered in respect of the following goods:
“Sports Cars; all included in Class 12.”
3) In July 2009 the registration was amended to show the registered proprietor as Robert
Dennis Busbridge trading as Cobretti Engineering.
4) On 18 August 2009, Martin Alan Busbridge filed a form TM26 (R) and accompanying
Statement of Reasons seeking rectification of the register. This statement requested that the
registered proprietor of registration number 1501909 be amended from Robert Dennis
Busbridge trading as Cobretti Engineering to Robert Dennis Busbridge and Martin Alan
Busbridge trading as Cobretti Engineering.
5) On 2 September 2009 the Registrar issued a letter informing Mr Robert Busbridge that an
application for rectification of his registration had been received. The registered proprietor
was provided with a period of two months in which to submit evidence.
Invalidity
6) The registered proprietor, Kenneth Cook has the following trade mark registered in the
UK:
Mark Number Filing &
registration dates
Class Specification
VIPER
2070139 30.04.96 &
10.05.02
12 Motor vehicles and parts and
fittings for motor vehicles; kits and
components for assembly into
motor vehicles.
7) The registered proprietor claimed honest concurrent use with Registration Nos. 1287718,
1410265 and others.
8) By an application dated 27 October 2003 Robert Dennis Busbridge, applied for a
declaration of invalidity in respect of this registration. The grounds are, in summary:
a) The applicant is the proprietor of the earlier registered trade mark No. 1501909
VIPER. The applicant and his predecessors in business have made substantial use of
its mark in the UK since 1987 in relation to the manufacture, repair and servicing of
sports cars and has acquired an extensive goodwill and reputation in the said
trademark in relation to those goods and related services.
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