Decision Nº O/054/22 from Intellectual Property Office - (Trade market), 21 January 2022
| Judge | Mr Phillip Johnson |
| Administrative Decision Number | O/054/22 |
| Date | 21 January 2022 |
| Court | Intellectual Property Office (United Kingdom) |
| Registration Number | UK00003217920 |
1
BLO/054/22
IN THE MATTER OF THE TRADE MARKS ACT 1994
IN THE MATTER OF TRADE MARK APPLICATION NUMBER 3,217,92 0 IN THE NAME
OF VIÑEDOS EMILIANA SA
AND IN THE MATTER OF THE OPPOSITION UNDER NUMBER 409,347 BY (1)
CONSORZIO TUTELA VINI EMILIA, (2) CHIARLI 1860 – PR.I.V.I SRL AND (3) MEDICI
ERMETE E FIGLI SRL
AND IN THE MATTER OF AN APPEAL FROM THE DECISION OF LEISA DAVIES
(O/407/21) DATED 1 JUNE 2021
DECISION
Introduction
1. This is an appeal from the decision of Ms Leisa Davies, for the Registrar, dated 1 June
2021 (O/407/21). Consorzio Tutela Vini Emilia, Chiarli 1860 – PR.I.V.I SRL and
Medici Ermete E Figli SRL, the Appellants, opposed the application of Viñedos
Emiliana SA to register the trade mark EMILIANA (No 3,217,920) for wines in class
33. The application was opposed under sections 3(3)(b), 3(4) and 5(4)(a) of the Trade
Marks 1994.
2. The opposition was primarily based on the First Appellant’s Protected Geographical
Indication (PGI) EMILIA, which was on the relevant date protected under Regulation
(EU) No 1308/2013 establishing a common organisation of the markets in agricultural
products.
3. The application in suit was filed on 10 March 2017 and published on 24 March 2017.
On 19 May 2017, the Appellants filed their opposition to the application.
4. Since that time the Trade Marks Act 1994 has been amended numerous times. The first
relevant amendments were made as a result of the implementation of Directive (EU)
2015/2436 to approximate the laws of the Member States relating to trade marks to
implement and then subsequently further amendments were made by reason of the
United Kingdom leaving the European Union. Furthermore, significant amendments
were made to Regulation (EU) No 1308/2013 when it was amended and retained
pursuant to the European Union (Withdrawal) Act 2018.
5. These changes all involve transnational arrangements which make determining which
law applies to these proceedings somewhat complicated. In simple terms, the Hearing
Officer’s decision, dated 1 June 2021, applied the law as it was on the date of filing the
application in suit.
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