Decision Nº O/076/22 from Intellectual Property Office - (Trade market), 28 January 2022
| Judge | Ms L Fayter |
| Registration Number | UK00003556602 |
| Date | 28 January 2022 |
| Court | Intellectual Property Office (United Kingdom) |
| Administrative Decision Number | O/076/22 |
o/076/21
TRADE MARKS ACT 1994
IN THE MATTER OF APPLICATION NO. UK00003556602
BY XIAMEN QIUJIA TRADING CO., LTD.
TO REGISTER THE TRADE MARK:
Ceweta
IN CLASSES 5, 7, 9 AND 10
AND
IN THE MATTER OF OPPOSITION THERETO
UNDER NO. 423833
BY CEWE STIFTUNG & CO. KGAA
2
BACKGROUND AND PLEADINGS
1. On 17 November 2020, Xiamen Qiujia Trading Co., Ltd. (“the applicant”) applied to
register the trade mark shown on the cover page of this decision in the UK. The
application was published for opposition purposes on the 15 January 2021 and
registration is sought for the goods set out in the Annex to this decision.
2. On 8 April 2021, the application was partially opposed by CEWE Stiftung & Co.
KGaA (“the opponent”) based upon section 5(2)(b) of the Trade Marks Act 1994 (“the
Act”) and is directed against the following goods of the application:
Class 7 Sowers [machines]; Weeding machines; Reapers; grain husking
machines; Ploughs; Disintegrators; Incubators for eggs; Teat cups for
milking machines; Printing presses; Peeling machines; Kneading
machines; Mixers [machines]; Meat mincers [machines]; Churns; Mixing
machines; Fruit presses, electric, for household purposes; Whisks,
electric, for household purposes; Coffee grinders, other than hand-
operated; Dishwashers; Washing machines [laundry]; Dry-cleaning
machines; Centrifugal machines; Trash compacting machines; garbage
[waste] disposals; Waste disposals; Washing apparatus; Vacuum
cleaners; Dust removing installations for cleaning purposes; cleaning
appliances utilizing steam; Peeling machines; Filtering machines;
Blowing machines.
Class 9 Tablet computers; Mouse [computer peripheral]; Memory cards for video
game machines; Computers; Computer keyboards; Monitors [computer
hardware]; Notebook computers; Mouse pads; USB flash drives;
Pedometers; Scales; Precision balances; Signal lanterns; Smartphones;
Baby monitors; Microphones; Videotapes; Headphones; Camcorders;
Manometers; Asbestos gloves for protection against accidents;
Protective helmets; Diving suits; Workmen's protective face-shields;
Clothing for protection against fire; protective masks; Goggles; 3D
spectacles; Dust masks; Eyeglasses; Waterproof cases for smart
3
phones; Stands adapted for mobile phones; Stands adapted for tablet
computers; Protecting masks; Thermometers, not for medical purposes;
Temperature indicators.
3. Under section 5(2)(b) the opponent relies upon the following trade mark:
cewe
International trade mark no.1325157
International registration date 30 November 2015
Date of designation date 30 November 2015
Date of protection granted in the EU 23 May 2017
Priority date claimed 9 October 2015
Relying upon some of the goods for which the earlier mark is registered, namely:
Class 7 Vending machines.
Class 9 Scientific, nautical, surveying, optical, weighing, measuring, signalling,
checking (supervision), life-saving and teaching apparatus and
instruments; photographic and film apparatus and instruments and parts
thereof (included in this class), lenses, darkroom and optical lamps,
exposure meters, light intensity meters, filters for photography, close-up
lenses, flash bulbs for photography, flash units, drying apparatus for
photographs, enlargement apparatus, frames and framing equipment for
photographic transparencies, cases for photographic apparatus and
instruments, tripods and stands for cameras, exposed films; equipment
for recording, processing, converting, transmitting, outputting and/or
reproducing data, voice, texts, signals, audio and/or video, in particular
camcorders, CD recorders and players, DVD recorders and players;
MP3 players; storage media, recording media, data storage media, in
particular of optical, electronic and magnetic nature, CDs, DVDs,
memory sticks, flash cards, smart cards, USB flash drives, the
aforementioned goods also with photos and/or image data recorded
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