NUTRIFEED/NUTRI-FEED - 206175

• Administrative Decision Number: 206175
• Date: 01 May 2007
• opponent: CAMPINA NEDERLAND HOLDING B.V.
• Section: Trade Marks Act, 1996 - 2003-2007

1

TRADE MARKS ACT, 1996

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

years.