Decision Nº O/072/22 from Intellectual Property Office - (Trade market), 27 January 2022
| Judge | Ms Rhea Morris |
| Date | 27 January 2022 |
| Registration Number | UK00003607799 |
| Administrative Decision Number | O/072/22 |
O/072/22
TRADE MARKS ACT 1994
IN THE MATTER OF APPLICATION NO. UK00003607799
BY DANIEL DYER TO REGISTER THE FOLLOWING TRADE MARK:
IN CLASS 33
AND
IN THE MATTER OF OPPOSITION THERETO
UNDER NO. 600001760 BY LEE CHARLES BURTON
2
Background and Pleadings
1. On 10 March 2021, Daniel Dyer (‘the Applicant’) filed an application to register
the trade mark shown on the cover page of this Decision, number
UK00003607799. The application was published for opposition purposes in the
Trade Marks Journal on 28 May 2021. Registration is sought in respect of the
following class 33 goods:
Class 33:
Spirits; Spirits [beverages]; Distilled spirits; Rum [alcoholic
beverage]; Alcoholic beverages of fruit; Low alcoholic drinks; Gin;
Vodka; Whisky.
2. On 4 June 2021, the application was opposed under the fast track opposition
procedure by Lee Charles Burton (‘the Opponent’) based on section 5(2)(b) of the
Trade Marks Act 1994 (“the Act”). The Opposition is directed against all of the
Applicant’s class 33 goods. The Opponent relies on the following earlier trade
mark registration for its section 5(2)(b) ground:
UK00003239018
Filing Date: 22 June 2017
Date of entry in register: 22 September 2017
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