Decision Nº O/292/19 from Intellectual Property Office - (Trade market), 29 May 2019
| Judge | Mrs J Pike |
| Administrative Decision Number | O/292/19 |
| Date | 29 May 2019 |
| Registration Number | UK00003273758 |
| Court | Intellectual Property Office (United Kingdom) |
BLO/292/19
IN THE MATTER OF APPLICATION NO. 3273758
BY TINYYO LIMITED FOR THE TRADE MARK
KOVIRA
IN CLASSES 3, 8 AND 21
AND
THE OPPOSITION THERETO UNDER NUMBER 411929
BY
COVIRAN, S.C.A.
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Background
1. On 28 November 2017, Tinyyo Limited (“the applicant”) filed trade mark
application number 3273758, for the mark KOVIRA, in respect of the following
goods:
Class 3: Bleaching preparations and other substances for laundry use; cleaning,
polishing, scouring and abrasive preparations; non-medicated soaps; perfumery,
essential oils, non-medicated cosmetics, non-medicated hair lotions; non-medicated
dentifrices; body cleaning and beauty care preparations; make-up for the face and
body; soaps for body care; bath preparations; deodorants for body care; skin, eye
care and nail preparations; hair removal and shaving preparations; hair preparations
and treatments.
Class 8: Hand tools and implements; manicure and pedicure tools; nail clippers; nail
scissors; nail files; nail buffers; hairdressing scissors; hair styling appliances; hair
clippers for personal use; hair removing tweezers.
Class 21: Cosmetic brushes; cosmetic sponges; cosmetic utensils; cosmetic
applicators; cosmetic powder compacts; holders for cosmetics; make-up removing
appliances.
2. The application was accepted and published in the Trade Marks Journal for
opposition purposes on 22 December 2017. Coviran, S.C.A. (“the opponent”)
Act”), relying upon the following two earlier trade mark registrations:
(i) European Trade Mark (“EUTM”) 8958381
Colours Claimed/Indication: Red Pantone Warm Red C, green Pantone 334 C.
Page 3 of 41
Class 3: Bleaching preparations and other substances for laundry use; cleaning,
polishing, scouring and abrasive preparations; soaps; perfumery, essential oils,
cosmetics, hair lotions; dentifrices.
Class 6: Common metals and their alloys; metal building materials; transportable
buildings of metal; materials of metal for railway tracks; non-electric cables and wires
of common metal; ironmongery, small items of metal hardware; pipes and tubes of
metal; safes; goods of common metal not included in other classes; ores.
Class 8: Hand tools and implements (hand operated); cutlery; side arms; razors.
Class 9: Scientific, nautical, surveying, electric, photographic, cinematographic,
optical, weighing, measuring, signalling, checking (supervision), life-saving and
teaching apparatus and instruments; apparatus for recording, transmission and
reproduction of sound or images; magnetic data carriers, recording and optical discs;
automatic vending machines and mechanisms for coin-operated apparatus; cash
registers, calculating machines, data processing apparatus and computers; fire-
extinguishing apparatus.
Class 11: Apparatus for lighting, heating, steam generating, cooking, refrigerating,
drying, ventilating, water supply and sanitary purposes.
Class 16: Paper, cardboard and goods made from these materials, not included in
other classes; printed matter; bookbinding material; photographs; stationery;
adhesives for stationery or household purposes; artists' materials; paint brushes;
typewriters and office requisites (except furniture); instructional and teaching material
(except apparatus); materials for packaging (not included in other classes); printers'
type; printing blocks, publications.
Class 21: Household or kitchen utensils and containers (not of precious metal or
coated therewith); combs and sponges; brushes (except paint brushes); brush-
making materials; materials for cleaning purposes; steelwool; unworked or semi-
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