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United Kingdom Intellectual Property Office Decisions
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EUROMIX (Trade Mark: Invalidity) [2000] UKIntelP o07200 (25 February 2000)
URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o07200.html
Cite as:
[2000] UKIntelP o07200,
[2000] UKIntelP o7200
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EUROMIX (Trade Mark: Invalidity) [2000] UKIntelP o07200 (25 February 2000)
For the whole decision click here: o07200
Trade mark decision
- BL Number
- O/072/00
- Decision date
- 25 February 2000
- Hearing officer
- Mr M Foley
- Mark
- EUROMIX
- Classes
- 19
- Registered Proprietor
- CPI Limited
- Applicants for Declaration of Invalidity
- Euromix Concrete Limited
- Invalidation
- Sections 47(1) & 47(2)
Result
Section 47(2) - Application successful
Points Of Interest
-
1. An example of a successful attack on a registered mark, founded solely in passing off, under Section 5(4)(a)
-
2. Consideration of geographic coverage of the registration
Summary
The Hearing Officer dismissed all the grounds under Section 47(1) since these related to Section 3, ie absolute grounds of refusal and no foundation for this was found in the evidence. This left the Section 47(2) ground which was the allegation that the mark had been registered in breach of Section 5(4)(a). The Hearing Officer accepted this and the mark was declared invalid.