Decision Nº O/098/22 from Intellectual Property Office - (Trade market), 7 February 2022
| Judge | Ms C Boucher |
| Date | 07 February 2022 |
| Administrative Decision Number | O/098/22 |
| Court | Intellectual Property Office (United Kingdom) |
| Registration Number | UK00003498689 |
O/098/22
TRADE MARKS ACT 1994
IN THE MATTER OF TRADE MARK APPLICATION NO. 3498689
BY FIVE CIRCLES
TO REGISTER:
AS A TRADE MARK IN CLASS 41
AND
IN THE MATTER OF THE OPPOSITION THERETO
UNDER NO. 421774 BY
THE LYDIARD FOUNDATION
Page 2 of 28
PLEADINGS
1. Five Circles (“the applicant”) applied to register the mark shown on the cover of this
decision in the United Kingdom on 9 June 2020. The application was accepted and
published on 17 July 2020 in respect of the following services:
Class 41
Academic examination services; Academic mentoring of school age children;
Academies [education]; Academy education services; Academy services
(Education -); Accreditation [certifying] of educational achievement; Accreditation
of educational services; Accreditation of professional competency;
Administration [organisation] of competitions; Administration [organisation] of
contests; Administration [organisation] of cultural activities; Administration
[organisation] of entertainment services; Adult training; Advanced training;
Advisory services relating to education; Advisory services relating to publishing;
Advisory services relating to the organisation of sporting events; Advisory
services relating to training; Analyzing educational tests scores and data for
others; Arranging and conducting conferences and seminars; Arranging and
conducting educational conferences; Arranging and conducting fairs for
academic purposes; Arranging and conducting of competitions [education or
entertainment]; Arranging and conducting of cultural activities; Arranging and
conducting of educational discussion groups, not on-line; Arranging and
conducting of educational seminars; Arranging and conducting of in-person
educational forums; Arranging and conducting of lectures; Arranging and
conducting of lectures for educational purposes; Arranging and conducting of
seminars; Arranging and conducting of symposia; Arranging and conducting of
symposiums; Arranging and conducting of training courses; Arranging and
conducting of training seminars; Arranging and conducting of training
workshops; Arranging and conducting seminars; Arranging and conducting
workshops.
2. On 16 October 2020, the application was opposed by The Lydiard Foundation (“the
opponent”). The opposition is based on sections 5(4)(a), 5(4)(b), 5(6), 3(6), and 5(1),
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