BIOFERT - 226758

Administrative Decision Number226758
Date20 February 2007
opponentDUBLIN CITY COUNCIL
SectionTrade Marks Act, 1996 - 2003-2007
1
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”).

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