Decision Nº O/775/18 from Intellectual Property Office - (Trade market), 30 November 2018
| Judge | Professor Ruth Annand |
| Registration Number | UK00002631389 |
| Administrative Decision Number | O/775/18 |
| Date | 30 November 2018 |
| Court | Intellectual Property Office (United Kingdom) |
O/775/18
1
TRADE MARKS ACT 1994
IN THE MATTER OF REGISTRATION No. 2631389
IN THE NAME OF MAK ENTERPRISES LIMITED
AND IN THE MATTER OF INVALIDITY APPLICATION No. 501497
BY QARSHI INDUSTRIES PRIVATE LIMITED
AND IN THE MATTER OF AN APPEAL TO THE APPOINTED PERSON
BY THE APPLICANT
AGAINST THE DECISION OF MR MARK BRYANT
DATED 21 FEBRUARY 2018
_____________
DECISION
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Introduction
1. On 14 December 2016, Qarshi Industries Private Limited, Pakistan (“the Applicant”)
applied to declare invalid UK Registration number 2631389 standing in the name of
MAK Enterprises Limited (“the Registered Proprietor”)1.
2. Registration number 2631389 is for the series of 2 word trade marks: Jam-e-Shirin
and JAM-E-SHIRIN. It was applied for on 13 August 2012 and registered on 4
January 2013 in respect of the following goods in Class 32:
Syrups for making beverages; syrups for making beverages, namely rose syrup,
sandal syrup, illachi syrup, cardamom syrup, bazoori syrup; mineral and aerated
waters; non-alcoholic drinks; fruit drinks and fruit juices; shandy, non-alcoholic
beers and wines
3. The grounds of invalidity were stated to be under Section 5(1) and 5(2)(a) and Section
60(3)(a) of the Trade Marks Act 1994.
4. According to Section 5(1) and 5(2)(a):
“5. - (1) A trade mark shall not be registered if it is identical with an earlier
trade mark and the goods or services for which the trade mark is applied for
are identical with the goods or services for which the earlier trade mark is
protected.
1 An amended Form TM26(1) was filed on 19 September 2017 following a case management conference on 7
September 2017.
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