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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> COVERTEX (Trade Mark: Invalidity) [2001] UKIntelP o54301 (6 December 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o54301.html
Cite as: [2001] UKIntelP o54301
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COVERTEX (Trade Mark: Invalidity) [2001] UKIntelP o54301 (6 December 2001)
For the whole decision click here: o54301
Trade mark decision
- BL Number
- O/543/01
- Decision date
- 6 December 2001
- Hearing officer
- Mr A James
- Mark
- COVERTEX
- Classes
- 19
- Applicants for Invalidation and Registered Proprietor
- Glamorock Coatings Limited
- Applicants for Revocation and Registered Proprietor
- Polycell Products Limited
- Cross applications for invalidation, revocation & rectification
Result
Cross applications partially successful
Points Of Interest
- 1. Comparison of goods; "wall costings (in the nature of paint) " v "coatings for covering textured ceilings and producing a smooth surface (none being in the nature of a paint".
Summary
Glamorock sought invalidation of Polycell’s registrations whilst Polycell sought rectification, revocation or invalidation of Glamorocks registration. The Hearing Officer dealt first with Glamorock’s application, and noted that whilst the marks were identical, there were differences between the goods (crucial to the outcome of the case). Turning to Polycell’s application, he considered that Glamrock’s specification should be partially revoked. Both parties had succeeded to some extent and had failed to some extent; the Hearing Officer made no award of costs to either party.