Decision Nº O/328/20 from Intellectual Property Office - (Trade market), 17 June 2020
| Judge | Miss E. Himsworth QC |
| Date | 17 June 2020 |
| Administrative Decision Number | O/328/20 |
| Registration Number | UK00003211021 |
| Court | Intellectual Property Office (United Kingdom) |
1
O/328/20
IN THE MATTER OF UK REGISTRATION NO. 3211021 IN THE NAME OF ABP
TECHNOLOGY LIMITED
AND IN APPLICATION FOR DECLARATION OF INVALIDITY THERETO
UNDER NO. 502103 BY VOYETRA TURTLE BEACH, INC
AND IN THE MATTER OF UK APPLICATION NO. 3297404 IN THE NAME OF
VOYETRA TURTLE BEACH, INC
AND IN THE OPPOSITON THERETO UNDER NO. 423431 BY ABP
TECHNOLOGY LIMITED
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DECISION
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Introduction
1. This is an appeal against a decision of Mr Mark King, acting on behalf of the
Registrar of Trade Marks, dated 16 September 2019 (O-544-19). The proceedings
related to an opposition against a trade mark application and an application for
invalidation against the trade mark registration which formed the basis of the
opposition. The Hearing Officer found that: (1) the application for invalidity was
dismissed; (2) the opposition was allowed; and ordered Voyetra Turtle Beach, Inc to
pay ABP Technology Limited £2,500 as a contribution towards its costs.
2. On 16 March 2018, Voyetra Turtle Beach, Inc (“Voyetra”) applied for the word mark
STEALTH in the UK (“the Application”) in respect of the following Class 9 goods:
Headsets for use with computers; headsets for use with mobile
devices, namely, smartphones, MP3 players, tablets and PDAs;
headsets for use with home entertainment systems; headphones;
wireless headphones; cases for headphones; Headsets for use
with game consoles; headsets for use with controllers for game
consoles; headsets for use with hand-held units for playing
video games other than those adapted for use with an external
display screen or monitor.
3. ABP Technology Limited (“ABP”) filed an opposition to the application on the basis
of section 5(2)(b) and section 5(4)(a) of the Trade Marks Act 1994 (“the 1994 Act”).
4. For the purposes of section 5(2)(b) ABP relied upon UK Trade Mark No 3211021
(“the ABP registration”) for:
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