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.

Full decision O/029/00 PDF document53Kb