Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> CICOL (Trade Mark: Invalidity) [2006] UKIntelP o31206 (1 November 2006)
URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o31206.html
Cite as: [2006] UKIntelP o31206
[New search] [Printable PDF version] [Help]
CICOL (Trade Mark: Invalidity) [2006] UKIntelP o31206 (1 November 2006)
For the whole decision click here: o31206
Trade mark decision
- BL Number
- O/312/06
- Decision date
- 1 November 2006
- Hearing officer
- Mr G Attfield
- Mark
- CICOL
- Classes
- 02, 19
- Applicant for Invalidation
- Illinois Tool Words Inc
- Registered Proprietor
- N L Williams Group Limited
- Invalidation
- Section 47(2)(b) based on Sections 5(4)(a)
Result
Section 47(2)(b) based on Section 5(4)(a): Invalidation action successful.
Points Of Interest
- None
Summary
The applicant in these proceedings states that a predecessor originally registered the mark CICOL in the UK in 1979 but there was a failure to renew in the year 2000 and the mark was removed from the Register in the year 2001. However, the applicant claimed, and later filed evidence to confirm that it is the current owner of the mark and that there has been continuous use of the mark in the UK by its predecessors and itself since the 1980’s. Indeed during 1999 and 2000 an associate company of the registered proprietor was an approved supplier of the CICOL product.
The registered proprietor did not defend the registration.
After careful consideration of the evidence of the history and use of the mark by the applicant the Hearing Officer concluded that it was the true owner of the mark and ordered, that the mark in suit be removed from the register.