PEROXAL - 220571

• Administrative Decision Number: 220571
• Date: 02 November 2006
• opponent: ARKEMA FRANCE
• Section: Trade Marks Act, 1996 - 2003-2007

1

TRADE MARKS ACT, 1996

Decision in Hearing

IN THE MATTER OF an application for registration of Trade Mark No. 220571 and

in the matter of an Opposition thereto.

ARKEMA FRANCE Applicant

DEGUSSA AG Opponent

The application

1. On 2 March, 2001, Atofina (now known as Arkema France), a company organised

and existing under the laws of France, of 4-8 Cours Michelet, 92800 Puteax,

France made application (No. 2001/0688) under Section 37 of the Trade Marks

Act, 1996 (“the Act”) to register the word PEROXAL as a Trade Mark in Classes

1, 3 and 5 in respect of the following specification of goods:

Class 1: Chemicals used in industry, hydrogen peroxyde used for oxydation

process and asceptic (sic) packaging processes

Class 3: Hydrogen peroxyde used for cosmetic purposes

Class 5: Hydrogen peroxyde used for medical purposes

2. The application was accepted for registration and advertised accordingly under

No. 220571 in Journal No. 1931 on 12 December, 2001.

3. Notice of Opposition to the registration of the mark pursuant to Section 43 of the

Act was filed on 11 March, 2002 by Degussa AG of Benningsenplatz 1,

Düsseldorf 40474, Germany. The Applicant filed a counter-statement on 14 June,

2002 and evidence was, in due course, filed by the parties under Rules 20, 21 and

22 of the Trade Marks Rules, 1996.