Decision Nº O/080/22 from Intellectual Property Office - (Trade market), 31 January 2022
| Judge | Mr Denzil Johnson |
| Date | 31 January 2022 |
| Registration Number | UK00003616159 |
| Court | Intellectual Property Office (United Kingdom) |
| Administrative Decision Number | O/080/22 |
O-080-22
TRADE MARKS ACT 1994
IN THE MATTER OF APPLICATION NO. 3616159
BY
INNOVATE PRODUCTS UK LTD
TO REGISTER
SLEEPIO
AS A TRADE MARK
IN CLASSES 5, 24 & 35
AND
THE OPPOSITION THERETO UNDER NUMBER OP600001839
BY
BLUEGROUP IPCO LIMITED
Page 2 of 23
Background and pleadings
1. On 25 March 2021, Innovate Products UK Ltd (“the Applicant”) applied to register
the trade mark as shown on the cover page of this decision. It was accepted and
published in the Trade Marks Journal for opposition purposes on 28 May 2021. The
application relates to the following goods and services:
Class 5: Nutritional supplements and preparations for humans and animals;
Sleep supplements and remedies.
Class 24: Textiles and substitutes for textiles; household linen namely, mulberry
silk pillowcase(s); Weighted blankets; Pillowcase(s) [pillow slip(s)];
Blankets (Bed -); Bed sheets; Bed linen; Bed coverings; Linen for the
bed; Bed linen and blankets; Bed blankets made of cotton; Duvets;
Textile covers for duvets.
Class 35: Advertising services; promotional services; organisation, operation and
supervision of sales and promotional incentive schemes; business
management services; business administration services; information
and advisory services all relating to the aforesaid services; Online retail
services relating to textiles and substitutes for textiles; Online retail
services relating to household linen namely, mulberry silk pillowcase(s)
[pillow case(s)], bed blankets made of cotton, bed coverings, bed linen,
bed linen and blankets, bed sheets, blankets (bed -), duvets, linen for
the bed, pillowcase(s) [pillow slip(s)]; Online retail services relating to
textile covers for duvets, weighted blankets and bath pillows; Online
retail services relating to sleep masks, snort care nose vents and night-
time ear plugs; Online retail services relating to nutritional supplements
and preparations for humans and animals namely, sleep supplements
and remedies; Online retail services relating to Non-medicated
cosmetics and toiletry preparations, namely sleep bath salts, bubble
bath and sleep pure natural oils; Online retail services relating to articles
of clothing, footwear and headwear namely, t-shirts, shorts and tank
tops, thermal underwear, oversized sleep shirts boxers/gym shorts,
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