BIOFERT - 226758

• Administrative Decision Number: 226758
• Date: 20 February 2007
• opponent: DUBLIN CITY COUNCIL
• Section: Trade Marks Act, 1996 - 2003-2007

1

TRADE MARKS ACT, 1996

Decision on Opposition

IN THE MATTER OF an application for registration of Trade Mark No. 226758 and

in the matter of an Opposition thereto.

VEOLIA WATER OPERATIONS IRELAND LIMITED Applicant

DUBLIN CITY COUNCIL Opponent

Application for registration

1. On 17 January, 2002, Vivendi Water Operations Ireland (now called Veolia Water

Operations Ireland Limited) of Arena House, Arena Road, Sandyford Industrial

Estate, Dublin 18 made application (No. 2002/00115) under Section 37 of the

Trade Marks Act, 1996 (“the Act”) to register the word BIOFERT & Device in

stylised form (shown below) as a trade mark in respect of a specification of goods

in Class 1 that was amended in the course of the examination of the application to

read “organic and inorganic soil conditioning products; plant foods and

nutrients; composts; grow-bags; fertilisers; manures (natural and artificial)”.

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

No. 226758 in Journal No. 1973 on 23 July, 2003.

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

Act was filed on 22 October, 2003 by Dublin City Council of Civic Offices, Wood

Quay, Dublin 8. The Applicant filed a counter-statement on 15 January, 2004 and

evidence was subsequently filed by the parties under Rules 20, 21 and 22 of the

Trade Marks Rules, 1996 (“the Rules”).