Decision Nº O/074/22 from Intellectual Property Office - (Trade market), 28 January 2022
| Judge | Mrs B Hedley |
| Registration Number | UK00003597528 |
| Date | 28 January 2022 |
| Court | Intellectual Property Office (United Kingdom) |
| Administrative Decision Number | O/074/22 |
O-074-22
IN THE MATTER OF
TRADE MARK APPLICATION NO 3597528
BY MEO ESSENTIALS LTD
TO REGISTER
MEO FITNESS
AS A TRADE MARK IN CLASSES 28 & 41
AND
OPPOSITION THERETO (UNDER NO. 600001892)
BY
DEAN FAUVRELLE
Page 2 of 24
BACKGROUND
1) On 18 February 2021, Meo Essentials Ltd (‘the applicant’) applied to register MEO
FITNESS as a trade mark in respect of various goods and services in classes 28 and
41. The full list of those goods and services can be found in the Annex to this
decision.
2) The application was published in the Trade Marks Journal on 11 June 2021 and
notice of opposition was later filed by Dean Fauvrelle. Mr Fauvrelle claims that the
trade mark application offends under section 5(2)(b) of the Trade Marks Act 1994
(‘the Act’). He relies upon the following trade mark registration in respect of the
services in class 41 only (those services can be found in the Annex):
UKTM No: 3533084
MEO SPORT
Meo sport
(Series of 2 marks)
Filing date: 14 September 2020
Date of entry in the register: 15 January 2021
3) In the original Form TM7F filed by Mr Fauvrelle on 07 September 2021, he has
ticked the ‘All goods and services’ box at question 11, indicating that he is opposing
all the goods and services of the application. In an amended Form TM7F, filed on 01
October 2021, Mr Fauvrelle has ticked the ‘Some goods and services’ box at
question 11 and refers only to Class 41 of the application. However, at question 12,
which requests ‘…any further information about why you consider there is a
likelihood of confusion…’, Mr Fauvrelle also refers to Class 28 of the application. I
note that the applicant has also defended its application in respect of both class 28
and class 41 in the counterstatement (it refers to both of those classes). I therefore
proceed on the basis that the opposition is directed against all the goods and
services in the application.
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