Decision Nº O/300/15 from Intellectual Property Office - (Trade market), 29 June 2015
| Judge | Mr M Bryant |
| Date | 29 June 2015 |
| Registration Number | UK00003031086 |
| Administrative Decision Number | O/300/15 |
| Court | Intellectual Property Office (United Kingdom) |
O-300-15
IN THE MATTER OF APPLICATION NO 3031086
BY PIA HALLSTROM LIMITED TO REGISTER THE TRADE MARK
PIA HALLSTROM
IN CLASSES 14, 18 AND 25
AND IN THE MATTER OF OPPOSITION
THERETO UNDER NO 401741
BY JOHN RICHARD BEALE
2
BACKGROUND
1) On 18 November 2013, Pia Hallstrom Limited (“the applicant”) applied under
the Trade Marks Act 1994 (“the Act”) for registration of the mark PIA
HALLSTROM in respect of the following list of goods:
Class 14: Jewellery articles; Jewellery being articles of precious metals;
Jewellery being articles of precious stones.
Class 18: Handbags, purses and wallets.
Class 25: Clothing, footwear, headgear.
2) On 13 December 2013 the application was published in the Trade Marks
Journal and on 11 February 2014, John Richard Beale (“the opponent”) filed
notice of opposition to the application. The grounds of opposition are in
summary:
a) the application offends under Section 5(2)(b) of the Act because it is
similar to two earlier marks in the name of the opponent and in respect of
identical or similar goods and that because of these similarities, a
likelihood of confusion exists. The relevant details of the two earlier marks
relied upon are:
Relevant details
Goods relied upon
2311309
PIA
Filing date:
21 September 2002
Date of entry in register:
7 March 2003
Class 14: Jewellery made from gold,
silver, precious and semi-precious
stones, costume jewellery, clocks and
watches, silver plated trinket boxes and
pill boxes.
Class 18: Handbags, purses and
travelling bags made of leather and of
textile.
Community Trade Mark (CTM)
4077996
PIA
Filing date:
18 October 2004
Date of entry in register:
17 January 2006
Class 14: Precious metals and their
alloys and goods in precious metals or
coated therewith, not included in other
classes; jewellery, precious stones;
horological and chronometric
instruments.
Class 18: Leather and imitations of
leather, and goods made of these
materials and not included in other
classes; animal skins, hides; trunks
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