Trade mark decision

BL Number
Decision date
14 June 2006
Hearing Officer
Mr G Salthouse
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))


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.


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.

Full decision O/159/06 PDF document57Kb