Trade mark decision

BL Number
Decision date
14 July 2006
Hearing Officer
Mr G Salthouse
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))


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.


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.

Full decision O/195/06 PDF document62Kb