Decision Nº O/0603/24 from Intellectual Property Office - (Trade market), 26 June 2024
| Court | Intellectual Property Office (United Kingdom) |
| Judge | Mr M Williams |
| Date | 26 June 2024 |
| Administrative Decision Number | O/0603/24 |
| Registration Number | UK00003722182, UK00003763024 |
O/0603/24
TRADE MARKS ACT 1994
IN THE MATTER OF THE CONSOLIDATED PROCEEDINGS
AGAINST TRADE MARK Nos. 3722182 AND 3763024:
REGISTERED IN THE NAME OF GLADNESS JUKIC
“glow up: britain's next make-up star”
IN CLASSES 9 AND 45
AND IN CLASS 41 (RESPECTIVELY)
AND
APPLICATIONS No. 505383 AND 505384 BY WARNER BROS.
ENTERTAINMENT INC.
FOR DECLARATIONS OF INVALIDITY
Page 2 of 24
BACKGROUND AND PLEADINGS
1. This decision deals with one divided part of the cancellation proceedings brought by
Warner Bros. Entertainment Inc (“the Applicant”) against two UK trade marks - No.
3722182 and 3763024 (“the Contested Registrations”) - for the word mark “glow up:
britain's next make-up star”, registered in the name of Gladness Jukic (“the
Proprietor”).
2. Contested Registration No. 3722182 was applied for on 16 November 2021, was
published for opposition purposes on 3 December 2021 and became registered as a
UK trade mark on 18 February 2022 in respect of the following goods and services:
Class 9: Video recordings, Downloadable videos, video streaming device.
Class 45: Licensing of rights relating to video productions, - Licensing of rights to films,
television and video productions, - Film, television and video licensing, -
Licensing of intellectual property and copyright.
3. Contested Registration No. 3763024 was applied for on 8 March 2022, was published
for opposition purposes on 25 March 2022 and became registered as a UK trade mark
on 3 June 2022 in respect of the following goods and services:
Class 41: Production of television programmes; Production of television or radio
programmes; Television programmes (Production of radio and -);
Production of entertainment in the form of television programmes;
Television and radio programme preparation and production; Production of
animated programmes for use on television and cable; Editing of television
programmes; Production of shows; Preparation of entertainment
programmes for broadcasting; Production of live performances; Production
of stage plays; Production of live shows.
4. The Proprietor’s representative in these proceedings is Thandi Jukic, though the
tribunal understands that Thandi Jukic does not act in a professional legal capacity.
5. On 21 September 2023 the Applicant, through its legal representatives,
1
filed a Form
TM26(I) in application that the Contested Registrations be declared invalid in
1
Allen & Overy, now known as A&O Shearman, following a recent merger.
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