Decision Nº O/064/21 from Intellectual Property Office - (Trade market), 28 January 2021
| Judge | Mrs Karol Thomas |
| Date | 28 January 2021 |
| Registration Number | UK00003427630 |
| Court | Intellectual Property Office (United Kingdom) |
| Administrative Decision Number | O/064/21 |
O-064-21
TRADE MARKS ACT 1994
IN THE MATTER OF
TRADE MARK APPLICATION NO. 3427630
BY EMOJIES LTD
TO REGISTER
AS A TRADE MARK IN CLASS 43
AND
OPPOSITION THERETO
UNDER NO. 418949
BY EMOJI COMPANY GMBH
Page 2 of 29
Background and pleadings
1. On 10 September 2019, Emojies Ltd (“the applicant”) applied to register the
trade mark shown below under number 3427630:
2. The application was published for opposition purposes on 27 September 2019
for the following services:
Class 43
Fast food restaurants; Fast-food restaurant services; Food and
drink catering; Restaurants; Restaurants (Self-service -); Bar and
restaurant services; Booking of restaurant seats; Carry-out
restaurants; Grill restaurants; Providing food and drink for guests
in restaurants; Providing food and drink in restaurants and bars;
Providing information about restaurant services; Providing
restaurant services;
Serving food and drink for guests in
restaurants; Serving food and drink in restaurants and bars;
Hotels; Hotels and motels; Hotels, hostels and boarding houses,
holiday and tourist accommodation; Houses (Boarding -);Ice
cream parlors; Ice cream parlour services; Information and advice
in relation to the preparation of meals;
Information relating to
hotels; Japanese restaurant services; Juice bar services; Juice
bars; Leasing of furniture; Leasing of metal and non-metal
transportable buildings; Letting of holiday accommodation; Linen
hire; Lounge services (Cocktail -);Making hotel reservations for
others;
Making reservations and bookings for restaurants and
meals; Marquee hire; Marquees (Rental of -);Mobile catering;
Mobile catering services; Mobile creches;
Mobile restaurant
services; Motel services; Motels; Night club services [provision of
food];Nurseries and day care centers; Nurseries, day-
care and
elderly care facilities; Office catering services for the provision of
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