Decision Nº O/206/15 from Intellectual Property Office - (Trade market), 30 April 2015
| Judge | Mr Daniel Alexander QC |
| Administrative Decision Number | O/206/15 |
| Date | 30 April 2015 |
| Registration Number | UK00002611972 |
| Court | Intellectual Property Office (United Kingdom) |
O-206-15
1
IN THE MATTER OF TRADE MARK APPLICATION 2611972
BY THE PROPER PIZZA COMPANY LIMITED
FOR REGISTRATION OF MARKS IN CLASSES 30, 35 and 43
AND OPPOSITION THERETO UNDER NO 103460
BY JAMES MICHAEL ALEXANDER HAMMOND
DECISION
INTRODUCTION
1. This is an appeal from the Decision of Mr Oliver Morris for the Registrar
dated 15 July 2013 whereby he upheld the opposition to registration of a series
of marks of the which distinctive and dominant element were the words THE
PROPER PIZZA COMPANY in an otherwise rather non-distinctive logo
form. The precise form of that is not relevant for this appeal.
2. The marks were published in respect of the following goods and services:
Class 30: Fresh pizza; pizza; pizza products; prepared meals in the form of
pizzas.
Class 35: Business assistance relating to franchising; advisory services relating
to franchising; provision of business advice relating to franchising; provision
of business information relating to franchising; advisory services relating to
publicity for franchisees; provision of business assistance in the establishment
and operation of franchises.
Class 43: Services for providing food and drink; provision of pizza; all
catering services relating to pizza.
3. Mr Hammond opposed the registration of the marks on the basis that he had
used the name THE PROPER PIZZA CO (and a logo based upon these words)
since May 2009, first in Norwich and then expanding to other parts of the UK.
The use claimed was, unsurprisingly, in respect of pizza (and related products)
and catering services.
4. Mr Hammond contended that the applicant’s marks were ineligible for
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