“Continuation” Cars

[Maggan]

Update regarding the IPR of Bristol Cars Limited:

https://www.wyleshardy.com/product/b...marks-and-ipr/

[GeorgeG]

The Trade Mark Registry's decision can be seen here:
https://www.ipo.gov.uk/t-challenge-d...lts/o79021.pdf

It seems that Jason Wharton's company, Bristol Fighter Ltd, sought revocation of a number of registered trade marks owned by KamKorp Autokraft: BRISTOL/BRISTOL CARS, BRISTOL in cursive script (Wyles Hardy refer to it as "York Scroll), the Bristol V8 bonnet badge device, BRISTOL FIGHTER and the "Pegasus sitting on the Bristol City Shield" device. The revocation application was based on non-use over a 5 year period, varying in the case of each mark.

KA conceded that no relevant use of BRISTOL FIGHTER had been made over the 5 year period so the mark was revoked. There was a dispute over whether relevant use had been made of the Pegasus device but it was held that AK had NOT shown that relevant use had been made over the 5 year period, so this mark was revoked as well.

AK proved relevant use of all the other marks and these survived the attack - these are the registered trade marks names in the liquidator's new sales package, together with AK's BRISTOL BULLET mark which had not been attacked.

Jason Wharton's company owns registrations of BRISTOL CARS, BRISTOL FIGHTER, BRISTOL BUCCANEER, BRISTOL SPEEDSTER and BRISTOL ELECTRIC, all registered in 2020.

Given that the sales package includes not only the trade marks but also the library of historic design documents, here's hoping that the Bristol community can come together to bid for the assets and ensure that they remain available for us and the BOHT.

George

[Geoff Kingston]

George,
Not quite how I read it, Bristol Cars remains a registered trademark of KA as does Bristol .
Geoff.

[GeorgeG]

Geoff

We are both right.

The BRISTOL CARS mark is part of the BRISTOL/BRISTOL CARS trade mark registration, registered as a series mark under no 2424875 to Kamkorp Autokraft Limited. The registration covers both the word BRISTOL and the words BRISTOL CARS. This was one of the registrations I referred to in my post as having been attacked by Bristol Fighter Limited, and successfully defended by Kamkorp Autokraft, and it therefore remains registered in the name of Kamkorp Autokraft. It is one of the marks referred to in the Wyles Hardy press release (albeit with a slightly erroneous registration number) as being one of the assets of Kamkorp Autokraft, the company whose share capital is being offered for sale.

The mark "Bristol Cars" (ie without the word "Bristol" on its own) is registered to Bristol Fighter Limited, under registration no. 3467857 as of 9 August 2020. The words are in lower case but this is irrelevant for trade mark purposes. The application presumably slipped through to registration during the hiatus after the liquidation of Bristol Cars Limited on 22 January 2020.

There are therefore 2 concurrent trade mark registrations for the words BRISTOL CARS, one in the name of Kamkorp Autokraft Ltd and the other in the name of Bristol Fighter Ltd.

Incidentally, Kamkorp Autokraft Limited is not itself in liquidation, but its parent company, Kamkorp Limited, is.

George

[Geoff Kingston]

George,
I didn't realise that my apologies, so many names so many registrations, trademarks are too expensive to maintain thankfully Ltd Companies are not as I own Frazer-Nash Cars Ltd and Frazer-Nash Bristol Cars Ltd both available to the first two buyers of two out of the three of my 401's I want to sell in the new year.
Companies House is far more precise in respect of company names so if for example someone tries to register Frazer Nash Cars ltd or Frazer Nash Bristol Cars Limited without the hyphen it will be rejected.
Geoff.