Trade mark decision

BL Number
O/515/01
Decision date
21 November 2001
Hearing Officer
Mr M Reynolds
Mark
TEC FLOW CERAMICS
Classes
01, 03, 04
Registered Proprietor
London & General Communications Limited
Applicants for Declaration of Invalidity
Stam Automotive Products BV
Application for Invalidation
Section 47(2)

Result

Section 47(2) - Application for declaration of invalidity partially successful

Points Of Interest

  • 1. Comparison of the goods: external vehicle cleaning products not similar to oil additives.

Summary

The application was based on the applicants mark TECFLOW, alleging that the mark had been registered in breach of Section 5(1) and 5(2)(b). The Hearing Officer found that, using the BAYWATCH test; the marks were not identical; however, under Section 5(2)(b), he found that the marks were similar and the goods in Classes 1 and 4 similar also. In the case of the Class 3 goods, however, the Hearing Officer found no similarity and the registration was therefore preserved in respect of those goods.

Full decision O/515/01 PDF document22Kb