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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> HYDROGARDEN (Trade Mark: Opposition) [2001] UKIntelP o46501 (24 October 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o46501.html
Cite as: [2001] UKIntelP o46501
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HYDROGARDEN (Trade Mark: Opposition) [2001] UKIntelP o46501 (24 October 2001)
For the whole decision click here: o46501
Trade mark decision
- BL Number
- O/465/01
- Decision date
- 24 October 2001
- Hearing officer
- Mr G Salthouse
- Mark
- HYDROGARDEN
- Classes
- 01, 11, 20, 21
- Applicants
- Hydrogarden Wholesale Supplies Limited
- Opponents
- Norsk Hydro ASA
- Opposition
- Sections 5(2)(b) & 5(4)(a)
Result
Section 5(2)(b) - Opposition successful; specification amended
Section 5(4)(a) - No formal finding
Points Of Interest
- ‘Fertilizers’, nutrients’, ‘growth promoters’ are synonymous terms; all are designed to assist growth and/or yield.
Summary
The opposition was based on the opponents’ use and registration (in Class 1) of the mark HYDRO. At the hearing the opponents made it clear that their opposition was confined to nutrients and fertilisers in Class 1. The applicants conceded the latter but maintained their wish to have nutrients retained in the specification, claiming that there was a difference between these products. The Hearing Officer reviewed the matter under Section 5(2)(b) and found a likelihood of confusion. He considered the terms ‘fertilizers’, ‘nutrients’ and ‘growth promoters’ to be synonymous. The application was to be allowed to proceed provided the Class 1 specification was suitably amended.