Decision Nº O/0024/24 from Intellectual Property Office - (Trade market), 15 January 2024
| Court | Intellectual Property Office (United Kingdom) |
| Judge | Ms Rhea Morris |
| Date | 15 January 2024 |
| Administrative Decision Number | O/0024/24 |
| Registration Number | UK00003651178 |
O/0024/24
TRADE MARKS ACT 1994
IN THE MATTER OF APPLICATION NO. UK00003651178
BY RODEOJACKS LIMITED TO REGISTER THE FOLLOWING TRADE MARK:
IN CLASSES 11, 16, 21, 28, 29, 30, 31, 35, 37, 39 and 43
AND
IN THE MATTER OF OPPOSITION THERETO
UNDER NO. 428075 BY SERVICE-BUND GMBH & CO KG
2
Background and Pleadings
1. On 4 June 2021, RodeoJacks Limited (‘the Applicant’), filed an application to
register the following trade mark:
2. The application was published for opposition purposes in the Trade Marks Journal
on 6 August 2021. Registration is sought in respect of a lengthy list of goods and
services in classes 11, 16, 21, 28, 29, 30, 31, 35, 37, 39 and 43.
1
3. On 8 November 2021, the application was opposed by Service-Bund GmbH & Co.
KG (‘the Opponent’) based on section 5(2)(b) of the Trade Marks Act 1994 (‘the
Act’). The Opposition is directed against the following of the goods and services in
respect of which registration is sought:
• All goods in classes 11, 21, 29, 30, 31, 35 and 43;
and
• Food delivery only in Class 39
4. The Opponent relies on the following three earlier registrations:
i) UK909273129
2
Rodeo
Filing date: 26 July 2010
1
A full list of the goods and services applied for is included at Annex 1 to this decision.
2
Following the end of the transition period of the UK’s withdrawal from the EU, all EU trade marks (“ EUTM”)
registered before 1 January 2021 were recorded as comparable trade marks in the UK trade mark register (and
as a consequence, have the same legal status as if they had been applied for and register ed under UK law). A
‘comparable trade mark (EU)’ retains the same filing date, priority date (if applicable) and registration date o f
the EUTM from which it derives.
3
Date of entry in register: 6 September 2014
The Opponent relies on the following goods and services:3
Class 29:
Meat products; steaks, steak spices; meat
Class 30:
Spices; sauces (including salad dressings); steak sauces
Class 43:
Services for providing food and drink
ii) WO0000000465144
Designation date: 3 May 2017
International registration date: 17 November 1981
Office of origin: Germany
Date of protection of the international registration in the UK: 26 November
2019.
The Opponent relies on all of the goods and services in respect of which the
international registration has protection in the UK:
Class 29:
Meat, sausages, slicing sausages and charcuterie; steaks,
canned meat, sausages and slicing sausages; fish, poultry
and game; preserved, dried and cooked vegetables; meat,
fish, vegetable and fruit salads, salad dressings.
Class 30:
Spices; sauces
Class 43:
Supply and provision of meals for consumers; catering
services.
3 A full list of the goods and services in respect of which UK909273129 is registered is included in Annex 2 to
this decision.
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeStart Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
