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United Kingdom Intellectual Property Office Decisions |
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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> CLAXXAN (Trade Mark: Invalidity) [2002] UKIntelP o15202 (4 April 2002) URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o15202.html Cite as: [2002] UKIntelP o15202 |
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For the whole decision click here: o15202
Result
Section 47(2)(a) - Invalidity action failed
Section 5(2)(b) - Invalidity action failed
Points Of Interest
Summary
The applicants application for a declaration of invalidity was based on their ownership of two registrations in Class 9 for the mark TAXAN in respect of the same and similar goods to those of the registered proprietor.
The registered proprietor was advised of the application but neither filed a counterstatement or any submissions in response. The applicants filed no evidence or submissions in support of their application for invalidity.
Under Section 5(2)(b) the Hearing Officer noted that identical and similar goods were at issue and went on to compare the respective marks. Because of the difference in the first syllable of the respective marks, and because of the importance of this aspect when comparing marks, the Hearing Officer concluded that overall the marks were not similar. The application for invalidity therefore failed.
