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.
Full decision O/195/06 62Kb