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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> PLANT -TECH (Trade Mark: Opposition) [2000] UKIntelP o44500 (29 November 2000)
URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o44500.html
Cite as: [2000] UKIntelP o44500
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PLANT-TECH (Trade Mark: Opposition) [2000] UKIntelP o44500 (29 November 2000)
For the whole decision click here: o44500
Trade mark decision
- BL Number
- O/445/00
- Decision date
- 29 November 2000
- Hearing officer
- Mr S P Rowan
- Mark
- PLANT-TECH
- Classes
- 02, 03, 29, 30, 32
- Applicant
- Dr Scholvien GmbH & Co
- Opponent
- Exter Aroma BV
- Opposition
- Sections 3(1); 3(6) & 5(2)
Result
Section 3(1) - Opposition failed.
Section 3(6) - Opposition failed.
Section 5(2) - Opposition failed; earlier trade mark had been revoked in the interim.
Points Of Interest
- None
Summary
The opponents based their opposition on a registration of the mark PLANTEX in Class 30. However, as the registration had just been revoked for non-use, no ground of opposition under Section 5(2) remained. The Hearing Officer went on to find no justification for the opposition under Sections 3(1) or 3(6).