Decision Nº O/104/22 from Intellectual Property Office - (Trade market), 7 February 2022

JudgeMs J Ralph
Date07 February 2022
Registration NumberUK00003523343
Administrative Decision NumberO/104/22
O-104-22
TRADE MARKS ACT 1994
IN THE MATTER OF
TRADE MARK APPLICATION NO. 3523343
BY GIBRALTAR (UK) LIMITED
TO REGISTER
(SERIES OF 2)
AS A TRADE MARK
IN CLASSES 14, 16, 18, 21 & 25
AND OPPOSITION THERETO (UNDER NO. 423481)
BY
GSLT HOLDINGS LIMITED
2 | Page
Background and pleadings
1. Gibraltar (UK) Limited (“the applicant”) applied for the trade mark (“the contested
mark”) set out on the title page as a series of two on 17 August 2020. It was
published in the Trade Mark Journal on 4 December 2020 in classes 14, 16, 18, 21
and 25. The contested goods will be set out in full later in this decision.
2. On 4 March 2021, GSLT Holdings Limited (“the opponent”) initially opposed the
contested mark under sections 5(2)(b), 5(3) and 5(4)(a) of the Trade Mark Act 1994
(“the Act”). The grounds under sections 5(3) and 5(4)(a) were subsequently
withdrawn leaving the opposition to proceed under 5(2)(b) only. The opponent relies
on the following UK registrations in classes 18, 25 and 35 for its opposition. The
goods and services, which are identical in both earlier registrations, will be set out in
full later in this decision.
UK TM No. 3161633 (series of 3)
UK TM No. 801321763
P
Filing Date: 27 April 2016
Registration date: 5 August 2016
In Classes: 18, 25, 35
Filing date: 27 April 2016
Registration date: 3 May 2017
In Classes: 18, 25, 35

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