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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 >> GARDENIER (Trade Mark: Invalidity) [2002] UKIntelP o24102 (13 June 2002) URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o24102.html Cite as: [2002] UKIntelP o24102 |
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For the whole decision click here: o24102
Result
Section 47(1) (Section 3(6)) - Application for invalidation dismissed
Section 47(2)(a) (Section 5(2)(b)) - Application for invalidation partially successful
Section 47(2)(b) (Section 5(4)(a)) - Application for invalidation dismissed
Points Of Interest
Summary
The application for a declaration of invalidity was based on the applicants’ prior registrations of GARDENA, in Classes 8 and 20 (and six other classes). The Hearing Officer dealt with the matter first under Section 5(2)(b). He found, first, that the applicants’ mark had a low degree of distinctive character which had not been improved through use.
Comparing the marks, the Hearing Officer found some visual and conceptual similarity between the marks and a "high degree of aural similarity". Comparing the goods the Hearing Officer found some goods in Classes 8 and 20 to be identical or similar, but none in Class 18. In the light of those findings the Hearing Officer found the applicants successful in respect of Classes 8 and 20 (in part); the application in respect of Class 18 was dismissed.
The evidence did not support the applicants’ claim to goodwill or reputation and the Section 5(4)(a) case fell accordingly.
There was no evidence to support the allegation under Section 3(6).
