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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> CICOL (Trade Mark: Invalidity) [2006] UKIntelP o31206 (1 November 2006) URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o31206.html Cite as: [2006] UKIntelP o31206 |
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For the whole decision click here: o31206
Result
Section 47(2)(b) based on Section 5(4)(a): Invalidation action successful.
Points Of Interest
Summary
The applicant in these proceedings states that a predecessor originally registered the mark CICOL in the UK in 1979 but there was a failure to renew in the year 2000 and the mark was removed from the Register in the year 2001. However, the applicant claimed, and later filed evidence to confirm that it is the current owner of the mark and that there has been continuous use of the mark in the UK by its predecessors and itself since the 1980’s. Indeed during 1999 and 2000 an associate company of the registered proprietor was an approved supplier of the CICOL product.
The registered proprietor did not defend the registration.
After careful consideration of the evidence of the history and use of the mark by the applicant the Hearing Officer concluded that it was the true owner of the mark and ordered, that the mark in suit be removed from the register.