Decision Nº O/229/08 from Intellectual Property Office - (Trade market), 11 August 2008
| Judge | Mr O Morris |
| Case Outcome | Section 5(2)(b): Opposition failed. Section 5(3): Opposition failed. Section 5(4)(a): Opposition failed. |
| Registration Number | UK00002426472 |
| Date | 11 August 2008 |
| Administrative Decision Number | O/229/08 |
| Court | Intellectual Property Office (United Kingdom) |
O-229-08
IN THE MATTER OF APPLICATION NO 2426472
BY RICHARD HAWORTH LIMITED T/A BELDORM
TO REGISTER THE TRADE MARK:
BELLE DORM
IN CLASS 24
AND
IN THE MATTER OF OPPOSITION NO 95044
BY DORMA GROUP LIMITED
2 of 26
IN THE MATTER OF Application No 2426472
by Richard Haworth Limited t/a Beldorm
to register a trade mark in Class 24
and
IN THE MATTER OF Opposition No 95044
By Dorma Group Limited
BACKGROUND
1. On 6 July 2006 Richard Haworth Limited (trading as Beldorm) (“RH”) applied to
register the words BELLE DORM as a trade mark for the following goods:
Class 24 – Household textiles; textile articles; bed covers; table covers; towels.
2. On 8 March 2007 Dorma Group Limited (“DGL”) opposed the above application on
grounds under sections 5(2)(b), 5(3) and 5(4)(a) of the Trade Marks Act 1994 (“the
Act”). In relation to the ground under section 5(4)(a), DGL relies on its use of the sign
DORMA. In relation to the grounds under sections 5(2)(b) and 5(3), DGL relies on six of
its earlier trade marks, namely:
Trade Mark Relevant Dates Specification
UK Registration 1120615
for the mark:
DORMA
Filed:
12/09/1979
Registered:
28/01/1981
Class 24: All goods included in Class 24.
UK Registration 143871
for the mark:
DORMA
Filed:
14/04/1934
Registered:
17/01/1935
Class 24: Blankets made wholly of cotton and
not in the piece; bedspreads and mattress covers
made wholly or mainly of cotton and not in the
piece; and pillow cases and bolster cases made
wholly or mainly of cotton; all being goods for
sale in the United Kingdom of Great Britain and
Northern Ireland and for export to and sale in the
Irish Free State, Canada, Union of South Africa,
Australia and New Zealand. ++
Specification converted under Rule 6 to
Schedule IV, Class 24, in respect of: - Bed
blankets, bedspreads, mattress covers, pillow
cases and bolster cases, all made wholly or
principally of cotton, and for sale in the United
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