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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> TEC FLOW CERAMICS (Trade Mark: Invalidity) [2001] UKIntelP o51501 (21 November 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o51501.html
Cite as: [2001] UKIntelP o51501
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TEC FLOW CERAMICS (Trade Mark: Invalidity) [2001] UKIntelP o51501 (21 November 2001)
For the whole decision click here: o51501
Trade mark decision
- BL Number
- O/515/01
- Decision date
- 21 November 2001
- Hearing officer
- Mr M Reynolds
- Mark
- TEC FLOW CERAMICS
- Classes
- 01, 03, 04
- Registered Proprietor
- London & General Communications Limited
- Applicants for Declaration of Invalidity
- Stam Automotive Products BV
- Application for Invalidation
- Section 47(2)
Result
Section 47(2) - Application for declaration of invalidity partially successful
Points Of Interest
- 1. Comparison of the goods: external vehicle cleaning products not similar to oil additives.
Summary
The application was based on the applicants mark TECFLOW, alleging that the mark had been registered in breach of Section 5(1) and 5(2)(b). The Hearing Officer found that, using the BAYWATCH test; the marks were not identical; however, under Section 5(2)(b), he found that the marks were similar and the goods in Classes 1 and 4 similar also. In the case of the Class 3 goods, however, the Hearing Officer found no similarity and the registration was therefore preserved in respect of those goods.