Decision Nº O/423/20 from Intellectual Property Office - (Trade market), 7 September 2020
| Judge | Mrs Karol Thomas |
| Date | 07 September 2020 |
| Registration Number | UK00003422716 |
| Administrative Decision Number | O/423/20 |
| Court | Intellectual Property Office (United Kingdom) |
O-423-20
TRADE MARKS ACT 1994
IN THE MATTER OF
TRADE MARK APPLICATION NO. 3422716
BY ACTIVE FIXINGS LTD
TO REGISTER
ACTIVE FIXINGS
AS A TRADE MARK IN CLASSES 6 AND 20
AND
OPPOSITION THERETO
UNDER NO. OP600001288
BY CHRISTOPHER BROOM
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Background and pleadings
1. On 20 August 2019, Active Fixings Ltd (“the applicant”) applied to register the trade
mark shown below under number 3422716:
ACTIVE FIXINGS
2. The application was published for opposition purposes on 1 November 2019 for the
following goods in classes 6 and 20:
Class 6
Racking [structures] of metal for supporting cables; Cable supports
made of metal; Metal supports for cables; Screw threaded fasteners
of metal; Metal threaded fasteners; Fasteners of common metal;
Nuts, bolts and fasteners;
Metal bolts [fasteners];Nuts, bolts and
fasteners, of metal; Fittings of metal for compressed air ducts; Fittings
of metal for furniture; Fittings of metal for pipes; Fittings of metal for
beds; Fittings of metal for windows; Fittings of metal for doors;
Fittings of metal for building; Fittings of metal for buildings; Fittings of
metal for compressed air lines; Anchors; Marine anchors; Masonry
anchors of metal;
Metal fastening anchors [for securing pictures to
walls];Anchors of metal; Metal anchors; Wood screws made of metal;
Self-tapping metal screws; Set screws of metal;
Metal expanding
sleeves for affixing screws; Caps (Metal -) for screws; Binding screws
of metal for cables; Screws of metal; Metal dead bolts; Self-tapping
metal bolts; Window casing bolts of metal; Expansion bolts of metal;
Anchor bolts of metal; Window casement bolts of metal; Casement
bolts (Metal -); Cremone bolts of metal for windows; Nuts, bolts and
fasteners; Nuts, bolts and fasteners, of metal; Eye bolts; Eye bolts of
metal; Metal eye bolts; Metal door bolts; Door bolts of metal; Bolts
(Door -) of metal; Flat bolts; Bolts, flat; Bolts (Lock -
);Lock bolts of
metal; Lock bolts; Screw bolts of metal; Metal bolts [fasteners];Fixing
bolts of metal; Bolts of metal; Nuts [metal hardware];Nuts, bolts and
fasteners; Lock nuts of metal; Pipe nuts of metal; Nuts of metal; Metal
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nuts; Lock washers of metal; Spring washers of metal; Washers
[metal hardware];Washers of metal; Metal washers.
Class 20
Cable supports made of plastics; Nuts [fasteners], not of metal; Non-
metallic nuts [fasteners];Non-metallic fasteners for pipes; Non-
metallic fasteners; Non-metallic fasteners for cables; Fasteners; Non-
metal threaded fasteners; Anchors (wall plugs not of metal);Screws,
not of metal; Self-tapping non-metallic screws; Wood screws (Non-
metallic -);Socket head shoulder screws, not of metal; Socket head
cap screws, not of metal; Set screws, not of metal; Threaded screws
of plastic; Self-drilling screws in non-metallic materials; Caps (Non-
metallic -) for screws; Square set screws of non-metallic materials;
Binding screws, not of metal, for cables; Non-
metal expanding
sleeves for affixing screws; Bolts, not of metal;
Window casement
bolts (Non-metallic -);Window casing bolts (Non-metallic -);Self-
tapping non-metallic bolts; Self-drilling non-metallic bolts; Rock bolts,
not of metal; Cremone bolts of non-metallic materials for locks;
Cremone bolts, not of metal for windows; Shackle bolts, not of metal;
Stripper bolts (Non-metallic -);Bolts (Door -) not of metal; Door bolts
not of metal; Door bolts, not of metal; Anchor bolts, not of metal;
Anchor bolts, not of metal, for use in bridge construction; Screw bolts,
not of metal; Casement bolts (Non-metallic -);Self-locking protective
plastic caps for use with bolts; Fixing bolts, not of metal; Lock bolts,
not of metal; Toggle bolts (Non-metallic -
);Nuts [fasteners], not of
metal; Nuts, not of metal; Spring washers of plastic; Plastic washers.
3. Christopher Broom (“the opponent”) filed a notice of opposition under the fast-track
opposition procedure on 31 December 2019. The opposition, which is based upon
sections 5(1) and 5(2)(b) of the Trade Marks Act 1994 (“the Act”), is directed against
all the goods in the application. The opponent relies upon all the goods for which the
following UK trade mark is registered:
Mark: ACTIVE FIXINGS
UK registration no. 3413379
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