Decision Nº O/096/14 from Intellectual Property Office - (Trade market), 27 February 2014
| Judge | Mr Geoffrey Hobbs QC |
| Registration Number | UK00002588875 |
| Administrative Decision Number | O/096/14 |
| Date | 27 February 2014 |
| Court | Intellectual Property Office (United Kingdom) |
O-096-14
TRADE MARKS ACT 1994
IN THE MATTER OF :
OPPOSITION No. 102670
IN THE NAME OF THE SAUL ZAENTZ COMPANY
TO TRADE MARK APPLICATION No. 2588875
IN THE NAME OF SUCCESS STORY MANAGEMENT LTD
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DECISION
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1. Opposition No. 102670 in the name of The Saul Zaentz Company (‘the
Opponent’) to Trade Mark Application No. 2588875 for registration of the mark HENRY
SPURWAY’S BILBO BAGGINS in Classes 9 and 41 in the name of Success Story
Management Ltd (‘the Applicant’) succeeded for the reasons given in a decision issued
by Mrs. Ann Corbett on behalf of the Registrar of Trade Marks under reference BL O-
225-13 on 11 June 2013.
2. The Applicant appealed to an Appointed Person under Section 76 of the Trade
Marks Act 1994 on the basis of the Grounds of Appeal accompanying its Form TM55
dated 8 July 2013. Paragraph 18 of the Grounds of Appeal gave notice that ‘The
Applicant/Appellant intends to seek leave to have this Appeal heard by the Court of
Session in Scotland under Section 76(3) of the Act’.
3. This was evidently intended to serve as a request under Rules 72(1)(b) and 72(3)
of the Trade Marks Rules 2008 for the Appeal to be referred to the Court of Session under
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