TUB-ITS - 223660

• Administrative Decision Number: 223660
• Date: 29 November 2006
• opponent: COFRESHCO FISCHALTE-PRODUKTE GMBH & CO. KG
• 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. 223660 and

in the matter of an Opposition thereto.

REYNOLDS METALS COMPANY Applicant

COFRESCO FRISCHALTEPRODUKTE GMBH & CO. KG Opponent

Application for registration

1. On 24 October, 2001, Reynolds Metals Company, a corporation organised and

existing under the laws of the State of Delaware, United States of America of

6601 West Broad Street, Richmond, Virginia, United States of America, made

application (No. 2001/03355) under Section 37 of the Trade Marks Act, 1996

(“the Act”) to register the term TUB-ITS as a trade mark in respect of a

specification of goods in Class 21 which was amended in the course of the

examination of the application to read, “storage containers, not of common metal,

for household and kitchen use”.

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

No. 223660 in Journal No. 1947 on 24 July, 2002.

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

Act was filed on 17 October, 2002 by Cofresco Frischalteprodukte GmbH & Co.

KG of Melittastrasse 17, 32427 Minden, Germany. The Applicant filed a counter-

statement on 15 January, 2003 and evidence was, in due course, filed by the

parties under Rules 20 and 21 of the Trade Marks Rules, 1996 (“the Rules”).

4. The matter became the subject of a Hearing before me, acting for the Controller,

on 9 October, 2006. The parties were notified on 9 November, 2006 that I had

decided to dismiss the opposition and to allow the mark to proceed to registration.

I now state the grounds of my decision and the materials used in arriving thereat.