Decision Nº O/044/21 from Intellectual Property Office - (Trade market), 14 January 2021
| Judge | Mr Phillip Johnson |
| Administrative Decision Number | O/044/21 |
| Registration Number | UK00003213230 |
| Court | Intellectual Property Office (United Kingdom) |
| Date | 14 January 2021 |
1
O/044/21
IN THE MATTER OF THE TRADE MARKS ACT 1994
IN THE MATTER OF TRADE MARK APPLICATION NUMBER 3,213,230 BY ONTRO
LIMITED
AND IN THE MATTER OF AN APPEAL FROM THE DECISION OF MARK BRYANT
(O/192/20) DATED 26 MARCH 2020
DECISION
Introduction
1. This is an appeal from the decision of Mr Mark Bryant, for the Registrar, dated 26
March 2020 (O/192/20) where he partially upheld and partially rejected the opposition
under section 5(2)(b) of the Trade Marks Act 1994 of Delta Air Lines, Inc to Ontro
Limited’s trade mark application (No. 3,213,230). Delta appeals.
2. On 16 February 2017, Ontro applied to register the following trade mark in relation to
certain goods and services in Classes 16, 35, 39, 41 and 43:
3. The application was opposed by Delta based on its earlier mark (EUTM: 8,149,941):
4. This earlier mark is registered in relation to “Air transportation services featuring transit
lounge facilities for passenger relaxation” in Class 39.
5. The Appellant appeals the dismissal of its opposition to the application in relation to
the following goods and services only:
Class 16: in-flight magazines
Class 35: loyalty, incentive and bonus program services; loyalty scheme services;
organisation, operation and supervision of customer loyalty schemes; management of
customer loyalty, incentive or promotional schemes; customer loyalty services for
commercial, promotional and/or advertising purposes; consumer loyalty card and loyalty
scheme services
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