Decision Nº O/134/20 from Intellectual Property Office - (Trade market), 4 March 2020
| Judge | Ms Leisa Davies |
| Registration Number | UK00003338254 |
| Date | 04 March 2020 |
| Administrative Decision Number | O/134/20 |
| Court | Intellectual Property Office (United Kingdom) |
O/134/20
IN THE MATTER OF REGSITRATION NO. 3338254
IN THE NAME OF PASTA GO
FOR THE TRADE MARK
IN CLASS 43
AND
OPPOSITION THERETO UNDER NUMBER 414803
BY
KAMIL KRUK
Background and pleadings
1. On 13 September 2018 PASTA GO (“the Applicant”) applied to register the trade
mark as displayed on the front cover page for services in class 43 namely Take away
food and drink services. The application was accepted and published in the Trade
Marks Journal on 21 September 2018.
2. Mr Kamil Kruk (“the Opponent”) opposes the application on the single ground under
section 3(6) of the Trade Marks Act (“The Act”) claiming that the Applicant’s mark was
applied for in bad faith. The Opponent submits that he operates a chain of restaurants
in Poland and that the Applicant being aware of his trade mark, copied not only the
name and logo but also the whole business concept after visiting one of the original
premises in Lodz (Poland). He claims that the Applicant has sought to gain an
economic advantage and block the Opponent from entering the UK market as well as
trade off the repute of the Opponent’s business. The Opponent states that the
Applicant modified one of the Opponent’s images and used it in a social media post
and only when challenged did the Applicant seek to file an application in the UK when
it discovered that the Opponent’s mark was only registered in Poland. The Opponent
argues that this behaviour falls short of the standards of acceptable commercial
behaviour.
3. A defence and counterstatement was filed by Mr Lukasz Newelski, the Applicant’s
controlling mind, denying the allegations. Mr Newelski denies that he has ever visited
Lodz City or that the inspiration for his restaurant and logo was the Opponent’s
business. He argues that the inspiration for the business idea was as a result of family
holidays taken in Italy where he was inspired by the abundance and variety of pasta
takeaways. He submits that the name of the company has not been copied from
anybody; it was chosen as a simple and pure description of the services provided to
his customers. In addition, he submits that the logo was designed by his graphic
designer from “his private inspirations”. He denies that he has acted in bad faith and
does not wish to stand in the way of or cause any harm to any other pasta business
around Europe especially the Opponent’s.
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