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United Kingdom Intellectual Property Office Decisions
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KANGO TEA TREE SHAMPOO (Trade Mark: Invalidity) [2000] UKIntelP o02900 (7 February 2000)
URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o02900.html
Cite as:
[2000] UKIntelP o02900,
[2000] UKIntelP o2900
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KANGO TEA TREE SHAMPOO (Trade Mark: Invalidity) [2000] UKIntelP o02900 (7 February 2000)
For the whole decision click here: o02900
Trade mark decision
- BL Number
- O/029/00
- Decision date
- 7 February 2000
- Hearing officer
- Mr G Salthouse
- Mark
- KANGO TEA TREE SHAMPOO
- Classes
- 03
- Registered Proprietor
- Kango Products
- Applicants for invalidation
- Kangol Limited
- Invalidation
- Section 47
Result
Section 47 - Application for a declaration of invalidity succeeded.
Points Of Interest
-
None (but decision upheld on appeal to appointed person (see SRIS O/338/00)
Summary
The applicants for a declaration of invalidity contended that the mark in suit had been registered in contravention of Sections 5(2)(b), 5(3), 5(4)(a) and 3(6) of the Act. The Hearing Officer found that there was indeed a likelihood of confusion and hence the mark had been registered contrary to the provisions of Section 5(2). In view of that finding the Hearing Officer did not go on to consider the other grounds of invalidity.