Royal College of Veterinary Surgeons O/851/22
In the matter of Registration nos. 3465150 & 3434191 in classes 35, 41 & 44 and the application for cancellation thereof by the Royal College of Veterinary Surgeons
Jacqueline Reid, instructed by Pennington Manches Cooper, appeared for the RCVS, the statutory regulator of the Veterinary professions, and proprietor of a certification mark registered in class 44 for “the provision of veterinary assistance and animal nursing services”. RCVS applied to cancel trade marks registered by a company set up by a regulated veterinary nurse, in relation to services relating to the veterinary profession, which incorporated the terms “District Veterinary Nurse” and “Association Veterinary District Professionals”, and sought to monopolise the use of the terms to the exclusion of others. The intention of the proprietor was to set up an association to regulate, control, register and accredit the role of district veterinary professionals, in particular veterinary nurses, who work in the homes of animal owners, when it knew that it was not an official or authorised regulatory body, and did not have authorisation from the appropriate authority governed by statute (RCVS), that the RCVS was the statutory body responsible for the regulation of the services that it proposed to offer, it knew that the role of District Veterinary Nurse was already being promoted by the RCVS and it was not authorised to provide accredited education services. The veterinary nurse could not hide behind the company set up for this purpose and the conduct raised a prima facie case of bad faith, which the proprietor did not address in evidence nor did it provide any explanation for its conduct. As a result, the marks were invalidated on the basis of the applicant’s bad faith pursuant to s. 3(6) Trade Marks Act 2014.