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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> POTnGRO (Trade Mark: Opposition) [2006] UKIntelP o09106 (30 March 2006)
URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o09106.html
Cite as: [2006] UKIntelP o9106, [2006] UKIntelP o09106

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POTnGRO (Trade Mark: Opposition) [2006] UKIntelP o09106 (30 March 2006)

For the whole decision click here: o09106

Trade mark decision

BL Number
O/091/06
Decision date
30 March 2006
Hearing officer
Mr M Foley
Mark
POTnGRO
Classes
01
Applicant
Teg Environmental Plc
Opponent
OMS Investments, Inc
Opposition
Sections 5(2)(b); 5(3); 5(4)(a) & 56

Result

Section 5(2)(b): - Opposition failed.

Section 5(3): - Opposition failed.

Section 5(4)(a): - Opposition failed.

Section 56: - Opposition failed.

Points Of Interest

Summary

The opposition was based on a number of registrations of the marks MIRACLE-GRO and MIRACLE-GRO PLANT & GRO Following a detailed analysis and adopting a 'global' approach, the Hearing officer concluded that 'on the balance of probability' there was no likelihood of confusion. The Section 5(2)(b) objection failed, therefore.

The opponents' strong reputation was in respect of their MIRACLE-GRO marks, which was not the same as the marks in the application. The Section 5(3) objection therefore also failed.

Since the marks were not similar, misrepresentation would not occur and the Section 5(4)(a) objection failed accordingly.

The opponents' position was no stronger under Section 56 and this ground also failed.


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URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o09106.html