Trade mark decision

BL Number
O/005/03
Decision date
3 January 2003
Hearing Officer
Mr M Reynolds
Mark
CHAUDFONTAINE, L'EAU ABSOLUE
Classes
32
Registered Proprietor
Chaudfontaine-Monopole SA
Applicants for Declaration of Invalidity
V&S Vin & Sprit Aktiebolag
Application for Invalidation
Section 47(2)(a) (Sections 5(2)(b) & 5(3))

Result

Application for invalidation Section 47(2)(a) - Successful

Points Of Interest

  • Withdrawal of counterstatement: FIRETRACE Trade Mark [2002] RPC 15, distinguished

Summary

The applicants were proprietors of various UK and CTM registrations of the mark ABSOLUT.

The registered proprietors having filed a counterstatement later indicated that they had "decided not to pursue the defence of their trade mark". The Hearing Officer noted that this wording went beyond a mere statement that they did not wish to 'take an active part' in the proceedings. The case could therefore be distinguished from that pertaining in FIRETRACE trade mark [2002] RPC 15, and the proprietors' statement amounted to a withdrawal of their initial denials. He therefore found the applicants successful and the registration was deemed never to have been made.

Full decision O/005/03 PDF document15Kb