Trade mark decision

BL Number

O/465/01

Decision date

24 October 2001

Hearing Officer

Mr G Salthouse

Mark

HYDROGARDEN

Classes

01, 11, 20, 21

Applicants

Hydrogarden Wholesale Supplies Limited

Opponents

Norsk Hydro ASA

Opposition

Sections 5(2)(b) & 5(4)(a)

Result

Section 5(2)(b) - Opposition successful; specification amended

Section 5(4)(a) - No formal finding

Points Of Interest

• ‘Fertilizers’, nutrients’, ‘growth promoters’ are synonymous terms; all are designed to assist growth and/or yield.

Summary

The opposition was based on the opponents’ use and registration (in Class 1) of the mark HYDRO. At the hearing the opponents made it clear that their opposition was confined to nutrients and fertilisers in Class 1. The applicants conceded the latter but maintained their wish to have nutrients retained in the specification, claiming that there was a difference between these products. The Hearing Officer reviewed the matter under Section 5(2)(b) and found a likelihood of confusion. He considered the terms ‘fertilizers’, ‘nutrients’ and ‘growth promoters’ to be synonymous. The application was to be allowed to proceed provided the Class 1 specification was suitably amended.

Full decision O/465/01 126Kb