Decision Nº O/103/22 from Intellectual Property Office - (Trade market), 7 February 2022
| Judge | Ms S Wilson |
| Registration Number | UK00003338604 |
| Administrative Decision Number | O/103/22 |
| Court | Intellectual Property Office (United Kingdom) |
| Date | 07 February 2022 |
O/103/22
TRADE MARKS ACT 1994
IN THE MATTER OF APPLICATION NO. UK00003338604
BY ADRIAN TUCKER-PEAKE
TO REGISTER THE TRADE MARK:
Go! NoGo
IN CLASS 18
AND
IN THE MATTER OF OPPOSITION THERETO
UNDER NO. 414879 BY
DG INTERNATIONAL HOLDINGS LIMITED
2
BACKGROUND AND PLEADINGS
1. On 14 September 2018, Adrian Tucker-Peake (“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 28 September 2018 and registration is
sought for the following goods:
Class 18 Luggage; Luggage bags; Articles of luggage; Leather luggage straps;
Straps for luggage; Travel luggage; Wheeled luggage.
2. On 21 December 2018, DG International Holdings Limited (“the opponent”) opposed
the application based upon sections 5(2)(b), 5(3) and 5(4)(a) of the Trade Marks Act
1994 (“the Act”). Under section 5(2)(b), the opponent relies upon the following trade
marks:
GO
UKTM no. 1384842
Filing date 19 May 1989; registration date 17 July 1992
(“the First Earlier Mark”)
GO
UKTM no. 2524615
Filling date 26 August 2009; registration date 20 December 2013
(“the Second Earlier Mark”)
UKTM no. 3008090
Filing date 31 May 2013; registration date 1 August 2014
(“the Third Earlier Mark”)
3
UKTM no. 3016419
Filing date 2 August 2013; registration date 8 August 2014
(“the Fourth Earlier Mark”)
3. The goods and services upon which the opponent relies are set out in Annex 1 to
this decision. The opponent claims that there is a likelihood of confusion because the
marks are similar and the goods and services are identical or similar.
4. Under section 5(3), the opponent relies upon the First and Second Earlier Marks as
set out above, as well as the following trade marks:
UKTM no. 2563013
Filing date 2 November 2010; registration date 20 December 2013
(“the Fifth Earlier Mark”)
UKTM no. 2649748
Filing date 23 January 2013; registration date 1 August 2014
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