Case No. IP-2021-000046

22.Section 47 TMA provides:(1)The registration of a trade mark may be declared invalid on the ground that the trade mark was registered in breach of section 3 or any of the provisions referred to in that section (absolute grounds for refusal of registration). Where the trade mark was registered in breach of subsection (1)(b), (c) or (d) of that section, it shall not be declared invalid if, in consequence of the use which has been made of it, it has after registration acquired a distinctive character in relation to the goods or services for which it is registered.(2)Subject to subsections (2A) and (2G), the registration of a trade mark may be declared invalid on the ground—a.That there is an earlier trade mark in relation to which the conditions set out in section 5(1), (2) or (3) obtain, orb.That there is an earlier right in relation to which the condition set out in section 5(4) is satisfied,unless the proprietor of that earlier trade mark or other earlier right has consented to the registration. 23.In this case, for the purposes of section 47(1) TMA, section 3(6) TMA (bad faith) is relevant:3.