Decision Nº O/108/22 from Intellectual Property Office - (Trade market), 8 February 2022
| Judge | Mrs Suzanne Hitchings |
| Registration Number | UK00003517903 |
| Administrative Decision Number | O/108/22 |
| Date | 08 February 2022 |
O/108/22
TRADE MARKS ACT 1994
IN THE MATTER OF
TRADE MARK APPLICATION NO. UK3517903
IN THE NAME OF GLEANN MOR SPIRITS COMPANY
TO REGISTER AS A TRADE MARK
IN CLASS 33
AND
IN THE MATTER OF OPPOSITION THERETO
UNDER NO. OP000423117
BY CAMPARI AMERICA LLC
Page 2 of 28
BACKGROUND AND PLEADINGS
1. On 31 July 2020, Gleann Mor Spirits Company (“the applicant”) applied to register
the trade mark shown on the cover page of this decision in the United Kingdom. The
application was accepted and published for opposition purposes on 06 November
2020, in respect of the following goods:
Class 33: Alcoholic beverages consisting of or containing Gin; spirits and liqueurs
containing Gin; prepared alcoholic cocktails containing Gin; potable
distilled spirits, alcoholic extracts; Alcoholic beverages consisting of or
containing Whisky; spirits and liqueurs contains Whisky, prepared
alcoholic cocktails containing Whisky; but in so far as whisky and whisky
based liqueurs are concerned with only whisky and whisky based
liqueurs produced in Scotland complying with the specifications of the
PGI of Scotch whisky.
2. The application is opposed by Campari America LLC (“the opponent”). The
opposition was filed on 08 February 2021 and is based upon Section 5(2)(b)1 of the
Trade Marks Act 1994 (“the Act”). The opposition is directed against all of the goods
in the application. The opponent relies upon the following marks:
SKYY
UK trade mark registration number 2529959
Filing date: 27 October 2009
Registration date: 16 April 2010
Registered in Classes 32, 33, 42 and 43
Relying on all goods and services, namely:
1 The opposition was originally filed under 5(2)(b) and 5(3) grounds, however the 5(3) grounds were
later struck out as the opponent did not file evidence in support of these grounds. The opposition
therefore proceeds under Section 5(2)(b) only.
To continue reading
Request your trial