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United Kingdom Intellectual Property Office Decisions |
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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> TEC FLOW CERAMICS (Trade Mark: Invalidity) [2001] UKIntelP o51501 (21 November 2001) URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o51501.html Cite as: [2001] UKIntelP o51501 |
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For the whole decision click here: o51501
Result
Section 47(2) - Application for declaration of invalidity partially successful
Points Of Interest
Summary
The application was based on the applicants mark TECFLOW, alleging that the mark had been registered in breach of Section 5(1) and 5(2)(b). The Hearing Officer found that, using the BAYWATCH test; the marks were not identical; however, under Section 5(2)(b), he found that the marks were similar and the goods in Classes 1 and 4 similar also. In the case of the Class 3 goods, however, the Hearing Officer found no similarity and the registration was therefore preserved in respect of those goods.