Decision Nº O/062/21 from Intellectual Property Office - (Trade market), 27 January 2021
| Judge | Mr John Williams |
| Registration Number | UK00003417763 |
| Date | 27 January 2021 |
| Court | Intellectual Property Office (United Kingdom) |
| Administrative Decision Number | O/062/21 |
O/062/21
TRADE MARKS ACT 1994
IN THE MATTER OF APPLICATION NO. 3417763
BY
DONGGUAN BREATHWALKER SHOES CO., LTD
TO REGISTER THE TRADE MARK:
IN CLASS 25
AND
OPPOSITION THERETO UNDER NO. 418095 BY
BEIJING XIAOXIYANG TECHNOLOGY DEVELOPMENT CO.,
LTD
2
Background and pleadings
1. Dongguan Breathwalker Shoes Co., Ltd (“the applicant”) applied to register
the trade mark below in the UK on 31 July 2019.
2. It was accepted and published in the Trade Marks Journal on 16 August 2019
in respect of the following goods:
Class 25 Outerclothing; underwear; sandals; shoes; sports shoes; insole;
hats; hosiery; scarves; Leather belts [clothing].
3. Beijing Xiaoxiyang Technology Development Co., Ltd (“the opponent”)
opposes the trade mark on the basis of Section 5(2)(b) of the Trade Marks Act
1994 (“the Act”). The opposition is directed against all the goods in the
application. The opponent relies upon its trade mark, shown below, number
3219034, which has a filing date of 16 March 2017 and was registered on 4
August 2017.
4. The following goods and services are relied upon in this opposition:
Class 25 Clothing; Ready-made clothing; Underwear; Suits; Inner soles;
Shoes; Hats; Hosiery; Gloves [clothing]; Girdles.
Class 35 Television advertising; Modelling for advertising or sales
promotion; Advertising by mail order; Presentation of goods on
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