Trade mark decision

BL Number

O/047/98

Decision date

17 February 1998

Hearing officer

Mr N Harkness

Mark

AQUACOAT

Classes

01

Registered Proprietor

FMC Corporation

Applicant for Revocation

Doverstrand limited

Revocation

Section 46(1)(b)

Result

Section 46(1)(b) - Application for revocation essentially successful.

Points Of Interest

• Restriction of specification: the Hearing Officer allowed the RP's to file a Form TM21 to effect the restriction. This was a mistake. The restriction should have been ordered by way of the decision.

Summary

The registered mark covered Resins for coating purposes and more specifically polymer preparations for coating pharmaceutical tablets. Their evidence in support of the registration indicated some use in relation to the latter goods but showed no use in relation to artificial and synthetic resins for coating purposes. In the circumstances of this case, and in view of that fact that part-cancellation of the specification of the registered proprietor's mark appeared to satisfy the applicants' demands, the Hearing Officer agreed to allow the mark to remain on the Register for a restricted specification reading "Water based polymer compositions included in Class 1 for coating pharmaceutical tablets".

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URL: http://www.bailii.org/uk/cases/UKIntelP/1998/o04798.html