Decision Nº O/344/13 from Intellectual Property Office - (Trade market), 27 August 2013
| Judge | Mrs J Pike |
| Registration Number | UK00002620189 |
| Administrative Decision Number | O/344/13 |
| Date | 27 August 2013 |
| Court | Intellectual Property Office (United Kingdom) |
O-344-13
TRADE MARKS ACT 1994
IN THE MATTER OF APPLICATION NO. 2620189
BY UK CARBY LYNDON INTERNATIONAL LTD
TO REGISTER THE TRADE MARK
AND THE OPPOSITION THERETO UNDER NO. 103752
BY ROLEX SA
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Background and the pleadings
1. These opposition proceedings are brought by Rolex SA (“the opponent”) against
UK Carby Lyndon International Ltd (“the applicant”) in relation to the applicant’s trade
mark application, filed on 6 May 2012 in respect of clothing; overalls, knitwear
[clothing]; suits; layettes [clothing]; gloves [clothing]; shoes; hats; hosiery; scarfs;
shirts; trousers; coats; skirts; uniforms; vests; pyjamas; underwear; sweaters; suits in
Class 25. The trade mark is represented below:
2. The application was published for opposition purposes in the Trade Marks
Journal on 1 June 2012. The opponent pleads grounds of opposition under sections
5(3) and 5(4)(b) of the Trade Marks Act 1994 (“the Act”). Section 5(3) of the Act
states:
(3) A trade mark which-
(a) is identical with or similar to an earlier trade mark, shall not be
registered if, or to the extent that, the earlier trade mark has a
reputation in the United Kingdom (or, in the case of a Community trade
mark or international trade mark (EC), in the European Community)
and the use of the later mark without due cause would take unfair
advantage of, or be detrimental to, the distinctive character or the
repute of the earlier trade mark.”
3. The opponent states that the application would take unfair advantage of or be
detrimental to the distinctive character or reputation of three earlier trade mark
registrations, all for the following crown device:
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