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CLASS 46


Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.

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Anthonia Ghalamkarizadeh
Birgit Clark
Blog Administrator
Christian Tenkhoff
Fidel Porcuna
Gino Van Roeyen
Markku Tuominen
Niamh Hall
Nikos Prentoulis
Stefan Schröter
Tomasz Rychlicki
Yvonne Onomor
WEDNESDAY, 1 OCTOBER 2008
First UK name objection raised against Coke Cola Limited

The first application to the Company Names Tribunal under the UK's new procedure for objecting to company names -- which commenced today (see Class 46 here and here) -- was made on behalf of The Coca-Cola Company. The procedure is administered by the United Kingdom Intellectual Property Office, which means that High Court proceedings will no longer be needed in order to get infringing companies to change their name.

The application alleges that the company name Coke Cola Limited is misleading and opportunistic, taking advantage of The Coca-Cola Company's famous trade marks COKE and COCA-COLA. The tribunal will give Coke Cola Limited an opportunity to change its name. If it doesn't, evidence may be filed, and a decision issued.

The application was filed for The Coca-Cola Company by David Stone (Simmons & Simmons), who chairs the MARQUES Designs Team. Says David:

"For many years, brand owners have had the costs and difficulties of going to court to have abusive company names corrected. This new procedure will be quick and cost-effective, rather like the dispute resolution procedures that exist for domain names".

Posted by: Blog Administrator @ 22.05
Tags: Company Names Tribunal,
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MARQUES does not guarantee the accuracy of the information in this blog. The views are those of the individual contributors and do not necessarily reflect those of MARQUES. Seek professional advice before action on any information included here.


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