Trade mark decision

BL Number

O/159/06

Decision date

14 June 2006

Hearing officer

Mr G Salthouse

Mark

V-COIL

Classes

06

Registered Proprietor

Tone Carrington & Co Limited & Volkel GmbH

Applicants for a declaration of invalidity

Alcoa Fastening Systems - Australia Pty Limited

Application for Invalidation

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

Result

Application for invalidation, Section 47(2)(a) (citing Section 5(2)(b): Failed.

Points Of Interest

• Comparison of the marks RECOIL v V-COIL, on identical goods.

Summary

The applicants case was based on their registration RECOIL in Class 6. The registered proprietors denied this. They also sought proof of use of the applicants’ mark in the five years preceding the date of application. Further, they claimed that the applicants had acquiesced in the use of the mark in suit.

The Hearing Officer accepted that the registered proprietor had shown use of the mark during the period in questions and he went on to consider the case under Section 5(2)(b).

The goods he found to be identical or at least closely similar. Having composed the marks however he found no likelihood of confusion, even allowing for the fact that the goods were effectively identical. He therefore did not go on to consider the question of acquiescence.

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URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o15906.html