Decision Nº O/067/21 from Intellectual Property Office - (Trade market), 29 January 2021
Judge | Ms E Venables |
Date | 29 January 2021 |
Administrative Decision Number | O/067/21 |
Court | Intellectual Property Office (United Kingdom) |
Registration Number | UK00003443772 |
O-067-21
TRADE MARKS ACT 1994
IN THE MATTER OF A JOINT HEARING HELD IN RELATION TO
APPLICATION NO. 3443772
IN THE NAME OF RANA IMTIAZ AHMED BHATTI
AND
OPPOSITION THERETO UNDER NO. 419345
BY HYPERAMA PLC
Page 2 of 25
BACKGROUND
1. On 13 November 2019, Rana Imtiaz Ahmed Bhatti (“the Applicant”) sought
registration of the trade mark shown below for “Cookware” in class 21, “Rice” in class
30 and “Juices” in class 32. The application (no. 3443772) was published for
opposition purposes on 6 December 2019.
2. On 3 February 2020, Bison River Limited filed a Form TM7 (Notice of opposition
and statement of grounds) on behalf of Hyperama Plc (“the Opponent”). The
opposition, which is directed against “Rice” and “Juices” in the application, is based
upon sections 5(2)(b), 5(3) and 5(4)(a) of the Trade Marks Act 1994 (“the Act”), with
the Opponent relying upon EU Trade Mark (“EUTM”) no. 4208542, UK Trade Mark
(“UKTM”) no. 2380313 and rights in two earlier unregistered trade marks, all of which
are shown below.
EUTM no. 42085421
1 The goods relied upon are shown in Annex 1 to this decision.
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