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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> CHAUDFONTAINE, L'EAU ABSOLUE (Trade Mark: Invalidity) [2003] UKIntelP o00503 (3 January 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o00503.html
Cite as: [2003] UKIntelP o503, [2003] UKIntelP o00503
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CHAUDFONTAINE, L'EAU ABSOLUE (Trade Mark: Invalidity) [2003] UKIntelP o00503 (3 January 2003)
For the whole decision click here: o00503
Trade mark decision
- BL Number
- O/005/03
- Decision date
- 3 January 2003
- Hearing officer
- Mr M Reynolds
- Mark
- CHAUDFONTAINE, L'EAU ABSOLUE
- Classes
- 32
- Registered Proprietor
- Chaudfontaine-Monopole SA
- Applicants for Declaration of Invalidity
- V&S Vin & Sprit Aktiebolag
- Application for Invalidation
- Section 47(2)(a) (Sections 5(2)(b) & 5(3))
Result
Application for invalidation Section 47(2)(a) - Successful
Points Of Interest
- Withdrawal of counterstatement: FIRETRACE Trade Mark [2002] RPC 15, distinguished
Summary
The applicants were proprietors of various UK and CTM registrations of the mark ABSOLUT.
The registered proprietors having filed a counterstatement later indicated that they had "decided not to pursue the defence of their trade mark". The Hearing Officer noted that this wording went beyond a mere statement that they did not wish to 'take an active part' in the proceedings. The case could therefore be distinguished from that pertaining in FIRETRACE trade mark [2002] RPC 15, and the proprietors' statement amounted to a withdrawal of their initial denials. He therefore found the applicants successful and the registration was deemed never to have been made.