Trade mark decision

BL Number
Decision date
6 December 2001
Hearing Officer
Mr A James
Applicants for Invalidation and Registered Proprietor
Glamorock Coatings Limited
Applicants for Revocation and Registered Proprietor
Polycell Products Limited
Cross applications for invalidation, revocation & rectification


Cross applications partially successful

Points Of Interest

  • 1. Comparison of goods; "wall costings (in the nature of paint) " v "coatings for covering textured ceilings and producing a smooth surface (none being in the nature of a paint".


Glamorock sought invalidation of Polycell’s registrations whilst Polycell sought rectification, revocation or invalidation of Glamorocks registration. The Hearing Officer dealt first with Glamorock’s application, and noted that whilst the marks were identical, there were differences between the goods (crucial to the outcome of the case). Turning to Polycell’s application, he considered that Glamrock’s specification should be partially revoked. Both parties had succeeded to some extent and had failed to some extent; the Hearing Officer made no award of costs to either party.

Full decision O/543/01 PDF document34Kb