Decision Nº O/250/06 from Intellectual Property Office - (Trade market), 29 August 2006
| Judge | Professor Ruth Annand |
| Case Outcome | Section 5(2)(b): Appeal dismissed, Opposition failed. Section 5(3): Appeal dismissed, Opposition failed. Section 5(4)(a): Appeal dismissed, Opposition failed. |
| Date | 29 August 2006 |
| Administrative Decision Number | O/250/06 |
| Appellant | Red Letter Days Plc |
| Registration Number | UK0002285192A, UK0002285192B |
| Court | Intellectual Property Office (United Kingdom) |
O-250-06
IN THE MATTER OF APPLICATIONS Nos. 2285192A AND 2285192B
BY REDENVELOPE INC.
TO REGISTER SERIES OF TRADE MARKS IN CLASSES 35 AND 42
AND IN THE MATTER OF OPPOSITIONS THERETO
UNDER Nos. 91408 AND 91409
BY RED LETTER DAYS PLC
AND IN THE MATTER OF APPEALS
TO THE APPOINTED PERSON
BY THE OPPONENT
AGAINST THE DECISIONS OF MR. G. W. SALTHOUSE
DATED 15 JUNE 2005
________________
DECISION
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Introduction
1. These are two appeals against the decisions of Mr. G. W. Salthouse acting on
behalf of the Registrar of Trade Marks in oppositions by Red Letter Days Plc
(“the Opponent”) to application numbers 2285192A and 2285192B in Classes
35 and 42 made by Red Envelope Inc. (“the Applicant”). The Hearing Officer
rejected the oppositions (BL O/166/05 and BL O/167/05, dated 15 June 2005)
and the Opponent now appeals those decisions. The parties are agreed that
there is no material distinction between the cases either below or on appeal.
They were content for the appeals to be the subject of a single hearing and
decision. Certain preliminary issues likewise arose for common determination
on appeal.
Application Nos. 2285192A and 2285192B
2. The “A” application requests registration of a series of two trade marks:
REDENVELOPE and RED ENVELOPE. The “B” application relates to the
stylised series:
The colour red is claimed as an element of the second mark in the “B” series.
2
3. The A and the B applications are both dated 9 November 2001 and the
specifications of services are the same:
Class 35
Advertising; business management; business administration; advertising and
marketing services; promotion services; database management services;
business information services provided online from a computer database or the
Internet; composing advertisements for use as web-pages; market surveys;
analysis of advertising response and market research; consultancy, advisory
and information services relating to prize draws all provided from a global
computer network or the Internet; consultancy, advisory and information
services relating to mail order services in the field of gifts; consultancy,
advisory and information services for retail outlets carried out via a global
computer network or the Internet; the bringing together, for the benefit of
others, of a variety of goods, enabling customers to conveniently view and
purchase those goods from an Internet web-site, on-line catalogue, electronic
shopping or mail order specialising in the field of gifts.
Class 42
Providing information by means of a global computer network or the Internet;
graphic design; graphic design for the compilation of web-pages on the
Internet; creating and maintaining web sites.
4. The Opponent filed notices of opposition against the A and the B applications
on 15 January 2003. Under amended statements of grounds dated 28 January
2003, the Opponent put forward objections to the applications based on
sections 5(2)(b), 5(3), 5(4)(a) and 3(6) of the Trade Marks Act 1994 (“TMA”).
5. For the purposes of section 5(2)(b), the Opponent relied upon the following
earlier trade mark as defined by section 6(1)(a), comprising a series of three
designations:
UK Registration No. 2205212 has an application date of 6 August 1999 and
covers goods and services in a number of Classes, namely:
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