Decision Nº O/083/22 from Intellectual Property Office - (Trade market), 1 February 2022
| Judge | Ms S Wallace |
| Administrative Decision Number | O/083/22 |
| Registration Number | UK00003545520 |
| Date | 01 February 2022 |
O/083/22
TRADE MARKS ACT 1994
IN THE MATTER OF
TRADE MARK APPLICATON NO. 3545520
BY MURDOCH ALLAN AND SON LTD & ABERDEEN BUTTERY COMPANY LTD
TO REGISTER THE TRADE MARK:
IN CLASSES 21, 25, 32 & 33
AND
IN THE MATTER OF OPPOSITION THERETO
UNDER NO. 423374
BY SERIOUSLY VODKA LIMITED
Background and pleadings
1. On 19 October 2020, Murdoch Allan and Son Ltd and Aberdeen Buttery Company
Ltd
3545520 (“the contested mark”). The contested mark was published in the Trade
Marks Journal for opposition purposes on 4 December 2020. Registration is sought
for the following goods:
Class 21: Brush-making materials; Articles for cleaning purposes; Steelwool;
Unworked or semi-worked glass [except glass used in building]; Glassware;
porcelain and earthenware; crystalware; decorative articles; utensils and other
goods made from glass; crystal or porcelain; bowls; goblets; glasses, jugs;
dishes; plates; figurines; drinking vessels.
Class 25: Adhesive bras; Adhesive brassieres; After ski boots; Aikido suits;
Aikido uniforms; Albs; Aloha shirts; American football bibs; American football
pants; American football shirts; American football shorts; American football
socks; Anglers' shoes; Ankle boots; Ankle socks; Anklets [socks]; Anoraks;
Anoraks [parkas]; Anti-perspirant socks; Anti-sweat underclothing; Anti-sweat
underwear; Après-ski boots; Apres-ski shoes; Aprons; Aprons [clothing]; Aqua
shoes; Arm warmers [clothing]; Army boots; Articles of clothing; Articles of
clothing for theatrical use; Articles of clothing made of hides; Articles of clothing
made of leather; Articles of outer clothing; Articles of sports clothing; Articles of
underclothing; Ascots; Ascots (ties); Athletic clothing; Athletic footwear; Athletic
shoes; Athletic tights; Athletic uniforms; Athletics footwear; Athletics hose;
Athletics shoes; Athletics vests; Babies' clothing; Babies' outerclothing; Babies'
pants [clothing]; Babies' pants [underwear]; Babies' undergarments;
Babushkas; Baby bibs [not of paper]; Baby bodysuits; Baby boots; Baby
bottoms; Baby clothes; Baby doll pyjamas; Baby layettes for clothing; Baby
pants; Baby sandals; Baby shoes; Baby tops; Balaclavas; Ball gowns; Ballet
shoes; Ballet slippers; Ballet suits; Ballroom dancing shoes; Bandanas;
Bandanas [neckerchiefs]; Bandannas; Bandeaux [clothing]; Barber smocks;
Baseball caps; Baseball caps and hats; Baseball hats; Baseball shoes;
Baseball uniforms; Baselayer bottoms; Baselayer tops; Basic upper garment of
Korean traditional clothes [Jeogori]; Basketball shoes; Basketball sneakers;
Bath robes; Bath sandals; Bath slippers; Bathing caps; Bathing costumes;
Bathing costumes for women; Bathing drawers; Bathing suit cover-ups; Bathing
suits; Bathing suits for men; Bathing trunks; Bathrobes; Beach clothes; Beach
clothing; Beach cover-ups; Beach footwear.
Class 32: Aerated fruit juices; Aerated juices; Aerated mineral waters; Aerated
water; Aerated water (Preparations for making -); Aerated water [soda water];
Aerated waters; Alcohol free aperitifs; Alcohol free beverages; Alcohol free
cider; Alcohol free wine; Alcohol-free beers; Ale; Ales; Aloe juice beverages;
Aloe vera drinks, non-alcoholic; Aloe vera juices; Aperitifs, non-alcoholic; Apple
juice beverages; Apple juice drinks; Barley wine [Beer]; Barley wine [beer];
Beer; Beer and brewery products; Beer wort; Beer-based beverages; Beer-
based cocktails; Beers; Beers enriched with minerals; Beverages consisting of
a blend of fruit and vegetable juices; Beverages consisting principally of fruit
juices; Beverages containing vitamins; Beverages (Non-alcoholic -); Beverages
(Preparations for making -); Beverages (Whey -); Birch water; Bitter lemon;
Black beer; Black beer [toasted-malt beer]; Blackcurrant cordial; Blackcurrant
juice; Bock beer; Bottled drinking water; Bottled water; Brown rice beverages
other than milk substitutes; Carbohydrate drinks; Carbonated mineral water;
Carbonated non-alcoholic drinks; Carbonated soft drinks; Carbonated water;
Carbonated waters; Cider, non-alcoholic; Cocktails, non-alcoholic; Coconut
juice; Coconut water; Coconut water as a beverage; Coconut water as
beverage; Coconut-based beverages; Coffee-flavored ale; Coffee-flavored
beer; Coffee-flavored soft drinks; Cola; Cola drinks; Colas [soft drinks];
Concentrated fruit juice; Concentrated fruit juices; Concentrates for making fruit
drinks; Concentrates for making fruit juices; Concentrates for use in the
preparation of soft drinks; Concentrates used in the preparation of soft drinks;
Condensed smoked plum juice; Cordials; Cordials [non-alcoholic]; Cordials
(non-alcoholic beverages); Craft beer; Craft beers; Cranberry juice; Cream
soda; De-alcoholised beer; De-alcoholised drinks; De-alcoholised wines; De-
alcoholized beer; De-alcoholized drinks; De-alcoholized wines; Dilutable
preparations for making beverages; Distilled drinking water; Douzhi (fermented
bean drink); Drinking mineral water; Drinking spring water; Drinking water;
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