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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> cis (Trade Mark: Invalidity) [2005] UKIntelP o05105 (28 February 2005)
URL: http://www.bailii.org/uk/cases/UKIntelP/2005/o05105.html
Cite as: [2005] UKIntelP o5105, [2005] UKIntelP o05105
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cis (Trade Mark: Invalidity) [2005] UKIntelP o05105 (28 February 2005)
For the whole decision click here: o05105
Trade mark decision
- BL Number
- O/051/05
- Decision date
- 28 February 2005
- Hearing officer
- Mr J MacGillivray
- Mark
- cis
- Classes
- 06, 09, 19, 20, 35, 36, 37, 42
- Registered Proprietor
- Co-Operative Insurance Society Limited
- Applicant for a declaration of invalidity
- CISA S.p.A.
- Application for Invalidation
- Section 47(2)(a) (citing Section 5(2)(b)) Section 47(2)(b) (citing Section 5(4)(a))
Result
Section 47(2)(a) (citing Section 5(2)(b)) : application for invalidation partially successful.
Section 47(2)(b) (citing Section 5(4)(a)) : application for invalidation failed.
Points Of Interest
- Comparison of the marks CISA & device v CIS (in various formats).
Summary
This was one of five closely related actions (four oppositions and one invalidation) involving the same parties and brought, essentially, on the same grounds. The oppositions were directed solely at the Classes 6 and 9 specifications. This invalidation action, however, was directed additionally at the registration in Classes 19, 20 and 35.
The Hearing Officer’s assessment and findings were the same mutatis mutandis, as those set out in BL O/047/05, q.v. although in this case the applicant’s success under Section 5(2)(b) was greater, in view of the wider nature of the attack. However, as in the other cases, the Hearing Officer did not award costs to either side.