Administrative Decision Number206175
Date01 May 2007
SectionTrade Marks Act, 1996 - 2003-2007
Decision in Hearing
IN THE MATTER OF an application for revocation of the registration of Trade Mark
No. 206175 and in the matter of the Registered Proprietor’s opposition thereto.
CAMPINA NEDERLAND HOLDING B.V. - Applicant for Revocation
JOSEPH STEWART & CO. - Registered Proprietor
The registered trade mark
1. Joseph Stewart & Co., an unlimited company of Corn Mills, Boyle, Co. Roscommon,
is the registered proprietor of the series of trade marks NUTRIFEED/NUTRI-FEED,
which is registered under No. 206175 in Class 31 in respect of the following
specification of goods:
Agricultural, horticultural and forestry products and grains included in
Class 31; fresh fruits and vegetables; foodstuffs for animals.
2. The application for registration of the mark was filed on 27 June, 1997 under Section
37 of the Trade Marks Act, 1996 (the Act) and, by virtue of Section 45(3) of the Act,
the mark is registered as of that date, which is deemed to be the date of registration.
Publication of the registration of the mark appeared in Journal No. 1874 on 6
October, 1999.
Application for revocation
3. On 22 February, 2006, Campina Nederland Holding B.V., of Hogeweg 9, 5301 LB,
Zaltbommel, The Netherlands, applied under Section 51 of the Act for revocation of
the registration of the mark. It stated that investigations conducted on its behalf had
failed to establish any use of the mark and it alleged, accordingly, that the mark had
not been used or that any use of it had been suspended for a continuous period of five

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