Trade mark decision

BL Number
O/072/00
Decision date
25 February 2000
Hearing Officer
Mr M Foley
Mark
EUROMIX
Classes
19
Registered Proprietor
CPI Limited
Applicants for Declaration of Invalidity
Euromix Concrete Limited
Invalidation
Sections 47(1) & 47(2)

Result

Section 47(2) - Application successful

Points Of Interest

  • 1. An example of a successful attack on a registered mark, founded solely in passing off, under Section 5(4)(a)
  • 2. Consideration of geographic coverage of the registration

Summary

The Hearing Officer dismissed all the grounds under Section 47(1) since these related to Section 3, ie absolute grounds of refusal and no foundation for this was found in the evidence. This left the Section 47(2) ground which was the allegation that the mark had been registered in breach of Section 5(4)(a). The Hearing Officer accepted this and the mark was declared invalid.

Full decision O/072/00 PDF document50Kb