Decision Nº O/081/22 from Intellectual Property Office - (Trade market), 31 January 2022
| Judge | Ms H Harrison |
| Date | 31 January 2022 |
| Registration Number | UK00003108603 |
| Court | Intellectual Property Office (United Kingdom) |
| Administrative Decision Number | O/081/22 |
O-081-22
TRADE MARKS ACT 1994
IN THE MATTER OF
TRADE MARK REGISTRATION NO. 3108603
IN THE NAME OF MARRIOT WORLDWIDE CORPORATION:
DELTA
IN CLASSES 35 AND 43
AND
AN APPLICATION FOR A DECLARATION OF INVALIDITY UNDER NO. 503217
BY DELTA AIR LINES, INC.
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Background and pleadings
1. Trade mark registration number 3108603 for the trade mark “DELTA” stands registered
in the name of Marriott Worldwide Corporation (“the proprietor”). The application for
registration was filed on 14 May 2015 and the trade mark was registered on 11 December
2015 in respect of the following services:
Class 35: Franchise services, namely, offering business management assistance
in the establishment and operation of hotels, restaurants, night clubs, bars, spas,
recreational and fitness facilities, retail stores, and condominiums; business
management services, namely, management and operation of hotels, restaurants,
night clubs, bars, spas, recreational and fitness facilities, retail stores,
condominiums, apartment buildings, conference centers, and timeshare resorts for
others; retail stores services all connected with the sale of articles and equipment
for household purposes, namely clothing, footwear, headgear, linens, bedding,
bedding products, namely sheets, blankets, quilts, duvets & pillows, pillow cases,
cushions, towels, furniture, namely bed mattresses, tables, chairs, interior
furnishings, namely lamps, lights, radios, tv’s, clocks, wall hangings, pictures,
framed items, bathroom furnishings, namely mirrors, chinaware, toothbrush
holders, tooth mugs, tooth mug holders, shower curtains, shower rails, showers,
water and sanitary equipment apparatus and accessories, toiletries, cosmetics,
fitness and exercise equipment, toys, plush toys, games, musical recordings,
optical goods, cameras, dvds, cds, videos stationery, printed matter, umbrellas,
luggage, jewelry, watches, foodstuffs, drinks, wines; business management
consultation services; providing facilities for the use of office equipment and
machinery; online retail services all connected with the sale of articles and
equipment for household purposes, namely clothing, footwear, headgear, linens,
bedding, bedding products, namely sheets, blankets, quilts, duvets & pillows,
pillow cases, cushions, towels, furniture, namely bed mattresses, tables, chairs,
interior furnishings, namely lamps, lights, radios, tv’s, clocks, wall hangings,
pictures, framed items, bathroom furnishings, namely mirrors, chinaware,
toothbrush holders, tooth mugs, tooth mug holders, shower curtains, shower rails,
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showers, water and sanitary equipment apparatus and accessories, toiletries,
cosmetics, fitness and exercise equipment, toys, plush toys, games, musical
recordings, optical goods, cameras, dvds, cds, videos stationery, printed matter,
umbrellas, luggage, jewelry, watches, foodstuffs, drinks, wines; mail order retail
services all connected with the sale of articles and equipment for household
purposes, namely clothing, footwear, headgear, linens, bedding, bedding
products, namely sheets, blankets, quilts, duvets & pillows, pillow cases, cushions,
towels, furniture, namely bed mattresses, tables, chairs, interior furnishings,
namely lamps, lights, radios, tv’s, clocks, wall hangings, pictures, framed items,
bathroom furnishings, namely mirrors, chinaware, toothbrush holders, tooth mugs,
tooth mug holders, shower curtains, shower rails, showers, water and sanitary
equipment apparatus and accessories, toiletries, cosmetics, fitness and exercise
equipment, toys, plush toys, games, musical recordings, optical goods, cameras,
dvds, cds, videos stationery, printed matter, umbrellas, luggage, jewelry, watches,
foodstuffs, drinks, wines; business administration services; business meeting
planning services; providing convention and conference facilities for business
meetings; management, rental and leasing of office and retail space; issuing gift
certificates that may be redeemed for goods or services; customer loyalty services;
charitable services, namely organizing and conducting volunteer programs and
community service projects; procurement services.
Class 43: Hotel services; restaurant, catering, bar and lounge services; resort
lodging services; provision of general-purpose facilities for meetings, conferences
and exhibitions; provision of banquet and social function facilities for special
occasions; and reservations services for hotel accommodations.
2. On 10 July 2020, Delta Air Lines, Inc. (“the applicant”), filed an application for a
declaration of invalidity of the trade mark. The application is based upon ss. 5(2)(a), 5(3)
and 5(4)(a), under the provisions of s. 47(2), of the Trade Marks Act 1994 (“the Act”). It
is, under each of these grounds, directed against all of the services in the application.
3. Under ss. 5(2)(a) and 5(3), the applicant relies upon the following earlier trade marks:
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