Decision Nº O/085/22 from Intellectual Property Office - (Trade market), 2 February 2022
| Judge | Ms L Fayter |
| Administrative Decision Number | O/085/22 |
| Date | 02 February 2022 |
| Court | Intellectual Property Office (United Kingdom) |
| Registration Number | UK00003531559 |
o/085/22
TRADE MARKS ACT 1994
IN THE MATTER OF APPLICATION NO. UK00003531559
BY JUSNA ALI
TO REGISTER THE TRADE MARK:
ATOMS
IN CLASSES 3 AND 21
AND
IN THE MATTER OF OPPOSITION THERETO
UNDER NO. 422982
BY WHITE GOLD LLC
2
BACKGROUND AND PLEADINGS
1. On 9 September 2020, Jusna Ali (“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 30 October 2020. The applicant seeks registration for the
following goods:
Class 3 Body cleaning and beauty care preparations; washing preparations;
toiletry preparations; facial preparations; bath preparations; dentifrices;
perfumery; cosmetics, beauty care cosmetics; cosmetic preparations;
make-up; beauty care preparations for the skin, face or hair; beauty
creams, gels, milks, lotions, soaps and masks; beauty serums; beauty
serums for the face; skin conditioners; shampoos, hair lotions and hair
conditioners; cleaner for cosmetic brushes.
Class 21 Brushes and brush-making articles; make-up brushes; cosmetic
brushes; applicators for cosmetics; combs; sponges; facial sponges for
applying make-up.
2. The application was opposed by White Gold LLC (“the opponent”) on 29 January
2021. The opposition is based upon section 5(2)(b) of the Trade Marks Act 1994 (“the
Act”). The opponent relies upon the following trade mark:
UK registration no. UK00003311058
Filing date 15 May 2018.
Registration date 26 July 2019.
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