Trade mark decision

BL Number
O/445/00
Decision date
29 November 2000
Hearing Officer
Mr S P Rowan
Mark
PLANT-TECH
Classes
02, 03, 29, 30, 32
Applicant
Dr Scholvien GmbH & Co
Opponent
Exter Aroma BV
Opposition
Sections 3(1); 3(6) & 5(2)

Result

Section 3(1) - Opposition failed.

Section 3(6) - Opposition failed.

Section 5(2) - Opposition failed; earlier trade mark had been revoked in the interim.

Points Of Interest

  • None

Summary

The opponents based their opposition on a registration of the mark PLANTEX in Class 30. However, as the registration had just been revoked for non-use, no ground of opposition under Section 5(2) remained. The Hearing Officer went on to find no justification for the opposition under Sections 3(1) or 3(6).

Full decision O/445/00 PDF document21Kb