Decision Nº O/036/12 from Intellectual Property Office - (Trade market), 1 February 2012
| Judge | Mr D Landau |
| Date | 01 February 2012 |
| Registration Number | UK00002442444, UK00002442447, UK00002459605 |
| Administrative Decision Number | O/036/12 |
| Court | Intellectual Property Office (United Kingdom) |
O/036/12
TRADE MARKS ACT 1994
IN THE MATTER OF APPLICATION NOS 2442444, 2442447 AND 2459605 BY
WAPPLE.NET LIMITED
TO REGISTER THE TRADE MARKS:
WAPPLE
AND
AND
AND
THE CONSOLIDATED OPPOSITIONS THERETO
UNDER NOS 95786, 95787 AND 95890 BY
APPLE INC
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1) On 23 December 2006, Wapple.net Limited (WN) filed an application to
register the trade mark WAPPLE (no 2442444). The trade mark was published
in the Trade Marks Journal, for opposition purposes, on 14 September 2007 with
the following specification:
downloadable mobile phone content including logos, ring tones, Internet and
wireless application protocol (WAP) games, pictures, wallpapers, animations and
applications; all of the aforesaid being downloadable via the mobile phone
wireless application protocol (WAP); mobile phone accessories; software to
enable the construction of internet sites designed to be viewed via mobile
devices and/or software to enable access to the Internet from mobile devices;
software for mobile Internet technology; software to build internet sites designed
to be viewed via mobile devices using wireless application protocol; software to
enable videos, games, graphics, music and/or animated images to be
transmitted, viewed and/or managed; software and/or apparatus for profiling and
identifying a mobile device to optimise the delivery of internet sites viewed by that
mobile device; software and/or apparatus which allows users to carry out
marketing and promotions via mobile devices; software to allow technology to
prevent and control unauthorised peer-to-peer file sharing as a solution to digital
rights management;
wireless application protocol (WAP) search engine, portal and directory services;
provision of access to an accredited developers network allowing third parties to
use and/or resell mobile phone technology and services;
non-downloadable games, pictures, chat room services; all made available via
the mobile phone wireless application protocol (WAP);
development of wireless application protocol (WAP) software engines; wireless
application protocol (WAP) web-site hosting services. Software development,
licensing of software, development of software for mobile telephony services;
licensing of software for mobile telephony services; consultancy services relating
to technology available for marketing and/or promotional activities via mobile
devices and/or technology which profiles and identifies a mobile device and/or
technology which controls and prevents unauthorised peer-to-peer file sharing;
hosting of internet sites designed to be viewed via mobile devices using wireless
application protocol.
The above goods and services are in classes 9, 38, 41 and 42 respectively of the
Nice Agreement concerning the International Classification of Goods and
Services for the Purposes of the Registration of Marks of 15 June 1957, as
revised and amended.
2) On 23 December 2006, WN filed an application to register a series of two
trade marks:
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The application (no 2442447) was published on the same date with the same
specification as 2442444.
3) On 27 June 2007, WN filed an application to register the trade mark:
The trade mark (no was published in the Trade Marks Journal, for opposition
purposes, on 26 October 2007 with the following specification:
software to enable the construction of Internet sites designed to be viewed by
mobile devices and/or software to enable access to the Internet from mobile
devices; software to build Internet sites designed to be viewed via mobile devices
using wireless Internet protocol (WAP); software to enable videos, games,
graphics, music and/or animated gifts to be transmitted, viewed and/or managed;
software and/or apparatus for profiling and identifying a mobile device to optimise
the delivery of Internet sites viewed by that mobile device; software and/or
apparatus which allows users to carry out marketing and promotions via mobile
devices; downloadable mobile phone content including logos, ringtones, Internet
and WAP games, pictures, wallpapers, animations and applications; all of the
aforesaid being downloadable via the mobile phone WAP; mobile phone
accessories.
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