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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
- Comparison of the mark WORX (stylised) v GARDEN WORKS.
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.