Trade mark decision

BL Number

O/543/01

Decision date

6 December 2001

Hearing officer

Mr A James

Mark

COVERTEX

Classes

19

Applicants for Invalidation and Registered Proprietor

Glamorock Coatings Limited

Applicants for Revocation and Registered Proprietor

Polycell Products Limited

Cross applications for invalidation, revocation & rectification

Result

Cross applications partially successful

Points Of Interest

• 1. Comparison of goods; "wall costings (in the nature of paint) " v "coatings for covering textured ceilings and producing a smooth surface (none being in the nature of a paint".

Summary

Glamorock sought invalidation of Polycell’s registrations whilst Polycell sought rectification, revocation or invalidation of Glamorocks registration. The Hearing Officer dealt first with Glamorock’s application, and noted that whilst the marks were identical, there were differences between the goods (crucial to the outcome of the case). Turning to Polycell’s application, he considered that Glamrock’s specification should be partially revoked. Both parties had succeeded to some extent and had failed to some extent; the Hearing Officer made no award of costs to either party.

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URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o54301.html