Trade mark decision

BL Number

O/072/00

Decision date

25 February 2000

Hearing officer

Mr M Foley

Mark

EUROMIX

Classes

19

Registered Proprietor

CPI Limited

Applicants for Declaration of Invalidity

Euromix Concrete Limited

Invalidation

Sections 47(1) & 47(2)

Result

Section 47(2) - Application successful

Points Of Interest

• 1. An example of a successful attack on a registered mark, founded solely in passing off, under Section 5(4)(a)
• 2. Consideration of geographic coverage of the registration

Summary

The Hearing Officer dismissed all the grounds under Section 47(1) since these related to Section 3, ie absolute grounds of refusal and no foundation for this was found in the evidence. This left the Section 47(2) ground which was the allegation that the mark had been registered in breach of Section 5(4)(a). The Hearing Officer accepted this and the mark was declared invalid.

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