Decision Nº O/0627/24 from Intellectual Property Office - (Trade market), 3 July 2024
| Court | Intellectual Property Office (United Kingdom) |
| Judge | Ms Rhea Morris |
| Date | 03 July 2024 |
| Administrative Decision Number | O/0627/24 |
| Registration Number | UK00003632511 |
O/0627/24
TRADE MARKS ACT 1994
IN THE MATTER OF APPLICATION NO. UK00003632511 BY
THEGALLERY.COM LTD. TO REGISTER THE FOLLOWING TRADE MARK:
CLICKWORK
IN CLASSES 9 AND 42
AND
IN THE MATTER OF OPPOSITION THERETO
UNDER NO. 427112 BY CLICKWORKER GmbH
2
Background and Pleadings
1. On 26 April 2021, TheGallery.com Ltd. (‘the Applicant’) applied to register the trade
mark shown on the cover of this Decision, number UK00003632511. The
application was published for opposition purposes in the Trade Marks Journal on
25 June 2021. Registration is sought for the following goods and services:
Class 9:
Software; platform software, application software, mobile apps, web application
and server software; collaboration software platforms; downloadable computer
software; mobile application software; computer software development tools;
downloadable electronic publications, recorded content; software for
transmission and receipt of data, images, and files, organizing and providing
digital platforms.
Class 42:
Software platforms; computer services; development of computer platforms;
hosting platforms on the internet; hosting of communication platforms on the
internet; hosting electronic facilities and communication networks; Software as
a service (SaaS); Platforms as a service (PaaS); Providing online non-
downloadable software.
2. On 24 September 2021, clickworker GmbH (‘the Opponent’) filed an opposition
against the application based on section 5(2)(b) of the Trade Marks Act 1994 (‘the
Act’). The opposition is directed against the Applicant’s specification in its entirety.
3. The Opponent relies upon the following earlier trade mark registration:
UK009106298221
1 The earlier mark is a comparable mark pursuant to Article 54 of the ‘Agreement on the withdrawal of the
United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic
3
Filing date: 9 February 2012
Date of entry in register: 21 August 2012
Registered for the following goods and services, all of which are sought to be relied
upon by the Opponent:
Class 35:
Arranging of contractual services with third parties; Business management and
consultation; Personnel placement and recruitment; Employment hiring,
recruiting, placement, staffing and career networking services; Information,
advisory and consultancy services relating to business and management or
business administration, including such services provided on line or via the
internet; Advertising services, namely promotion of the goods and services of
others; Advertising and promotion services and related consulting; Advertising
via electronic media and specifically the internet.
Class 41:
Education; Providing of training; Entertainment; Sporting and cultural activities;
Translation services.
Class 42:
Scientific and technological services and research and design relating thereto;
Industrial analysis and research services; Design and development of computer
hardware and software; Providing of files, downloadable from global computer
networks, namely scientific and technological research results.
Energy Community (2019/C 384 1/01)’, also known as the ‘Withdrawal Agreement’, bas ed on EUTM
010629822, which was registered prior to the withdrawal of the UK from the European Union.
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