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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> GARDENWORKS (Trade Mark: Invalidity) [2006] UKIntelP o19506 (14 July 2006)
URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o19506.html
Cite as: [2006] UKIntelP o19506

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GARDENWORKS (Trade Mark: Invalidity) [2006] UKIntelP o19506 (14 July 2006)

For the whole decision click here: o19506

Trade mark decision

BL Number
O/195/06
Decision date
14 July 2006
Hearing officer
Mr G Salthouse
Mark
GARDENWORKS
Classes
07, 08
Registered Proprietor
Norvad Ltd
Applicants for a declaration of invalidity
Greapo Power Tools (Suzhou) Co Ltd
Application for Invalidation
Section 47(2)(a) (citing Section 5(2)(b))

Result

Application for invalidation Section 47(2)(a) (citing Section 5(2)(b)): Failed.

Points Of Interest

Summary

The application for invalidation cited an earlier mark WORX in Class 7 (a second mark cited by the applicants did not pre-date the registrations in suit).

After comparing the goods of the respective registrations the Hearing Officer concluded that the Class 7 goods were identical with those of the applicants and were similar to the registered proprietor’s Class 8 goods.

Despite this however the Hearing Officer having compared the marks found no likelihood of confusion and the application for a declaration invalidity failed accordingly.


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URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o19506.html