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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> API (Trade Mark: Invalidity) [2003] UKIntelP o33603 (5 November 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o33603.html
Cite as: [2003] UKIntelP o33603
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API (Trade Mark: Invalidity) [2003] UKIntelP o33603 (5 November 2003)
For the whole decision click here: o33603
Trade mark decision
- BL Number
- O/336/03
- Decision date
- 5 November 2003
- Hearing officer
- Mr M Foley
- Mark
- API
- Classes
- 02, 06, 07, 09, 14, 16, 17, 39, 42
- Applicant for Invalidation
- Antonine Printing Inks Limited
- Registered Proprietor
- API Group Plc
- Invalidity
- Section 47(2)(b) based on Section 5(4)(a)
Result
Section 47(2)(b) & 5(4)(a): - Application for invalidity failed.
Points Of Interest
- None
Summary
The application for invalidity was only in respect of Class 2.
The applicant claimed to have been incorporated in 1979 and to have used an “api” logo from that date onwards in relation to a range of printing inks and other products within Class 2. The evidence in support of this claim was somewhat sketchy and tended to show that the “api” logo was always used in close association with the company name. The Hearing Officer was unable to conclude that at the relevant date the applicant had a separate and distinct reputation or goodwill in the mark API (or “api”). The application was thus dismissed.
The registered proprietor had also filed evidence to show that they had traded from 1920 under the name Associated Paper Industries Ltd and to have changed their name to API Group Plc on 11 July 1990. They also had a substantial trade under that mark in relation to printing inks and Class 2 goods generally.