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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> FC (Trade Mark: Invalidity) [2003] UKIntelP o19903 (11 July 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o19903.html
Cite as: [2003] UKIntelP o19903
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FC (Trade Mark: Invalidity) [2003] UKIntelP o19903 (11 July 2003)
For the whole decision click here: o19903
Trade mark decision
- BL Number
- O/199/03
- Decision date
- 11 July 2003
- Hearing officer
- Mr D Landau
- Mark
- FC
- Classes
- 36
- Registered Proprietor
- freethcartwright
- Applicants for a Declaration of Invalidity
- F&C Management Limited
- Application for Invalidation
- Section 47(2) (Section 5(2)(b))
Result
Application for invalidation (in respect of some services) successful.
Points Of Interest
- 1. Two letter marks : Registrar’s Practice.
- 2. Two letter marks : Inclusion of ampersand.
Summary
The application was based on the applicants’ registration of the mark F&C (series of two marks) in respect of certain services in Class 36. The registration in suit had not yet been registered for five years so no issue of acquiescence in its use (Section 48(1)) arose.
The Hearing Officer compared the services and concluded that they were identical with those objected to in the earlier registration. The marks were essentially two letter marks, despite the ampersand in the opponents’ marks. In the result he decided that there existed a likelihood of confusion in respect of certain of the services and he declared the registration invalid in respect of those services.