Trade mark decision

BL Number

O/051/05

Decision date

28 February 2005

Hearing officer

Mr J MacGillivray

Mark

cis

Classes

06, 09, 19, 20, 35, 36, 37, 42

Registered Proprietor

Co-Operative Insurance Society Limited

Applicant for a declaration of invalidity

CISA S.p.A.

Application for Invalidation

Section 47(2)(a) (citing Section 5(2)(b)) Section 47(2)(b) (citing Section 5(4)(a))

Result

Section 47(2)(a) (citing Section 5(2)(b)) : application for invalidation partially successful.

Section 47(2)(b) (citing Section 5(4)(a)) : application for invalidation failed.

Points Of Interest

• Comparison of the marks CISA & device v CIS (in various formats).

Summary

This was one of five closely related actions (four oppositions and one invalidation) involving the same parties and brought, essentially, on the same grounds. The oppositions were directed solely at the Classes 6 and 9 specifications. This invalidation action, however, was directed additionally at the registration in Classes 19, 20 and 35.

The Hearing Officer’s assessment and findings were the same mutatis mutandis, as those set out in BL O/047/05, q.v. although in this case the applicant’s success under Section 5(2)(b) was greater, in view of the wider nature of the attack. However, as in the other cases, the Hearing Officer did not award costs to either side.

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