Decision Nº O/460/15 from Intellectual Property Office - (Trade market), 5 October 2015
| Judge | Mr G Salthouse |
| Administrative Decision Number | O/460/15 |
| Date | 05 October 2015 |
| Registration Number | UK00003039782, UK00003041387, UK00003041397 |
| Court | Intellectual Property Office (United Kingdom) |
O-460-15
TRADE MARKS ACT 1994
IN THE MATTER OF APPLICATION Nos. 3041387, 3041397 & 3039782
BY CHAMP SPORTS LIMITED
TO REGISTER THE TRADE MARKS
AND
champssports.co.uk
ALL IN CLASS 35
AND
IN THE MATTER OF CONSOLIDATED OPPOSITIONS
THERETO UNDER Nos. 402304, 402351 & 402488 BY
FL EUROPE HOLDINGS INC.
BACKGROUND
1) On 8 February 2014, Champ Sports Limited (hereinafter the applicant) applied to register trade
mark 3041387 in respect of the following services in class 35: Retails services and on-line retail
services connected with the sale of sports clothing, headgear and footwear, all the aforesaid being
purchase via a website, the internet and by way of direct marketing; the provision of information and
advice in relation to retail services; business management consultancy; provision of advice and
assistance in the selection of goods; advertising for others.
2) On 8 February 2014, the applicant applied to register trade mark 3041397 in respect of the
following services in class 35:The provision of on-line retail services connected with the sale of sports
clothing, headgear and footwear, from an internet website; the provision of retail services connected
with the sale of sports clothing, headgear and footwear; the provision of information and advice in
relation to retail services; business management consultancy; provision of advice and assistance in
the selection of goods; advertising for others.
3) On 28 January 2014, the applicant applied to register trade mark 3039782 in respect of the
following services in class 35:The provision of on-line retail services connected with the sale of
clothing, headgear and footwear, from an internet website; the provision of retail services connected
with the sale of clothing, headgear and footwear, the provision of retail services connected with the
sale of clothing, headgear and footwear, by way of direct marketing; the provision of information and
advice in relation to retail services; business management consultancy; provision of advice and
assistance in the selection of goods; advertising for others.
4) The applications were examined and accepted, and subsequently published for opposition
purposes on 14 March 2014 in Trade Marks Journal No.2014/011(3041387), on 21 March 2014 in
Trade Marks Journal 2014/012 (3041397) and on 11 April 2014 in Trade Marks Journal No.2014/015
(3039782).
5) On 16 June 2014 (402304), 23 June 2014 (402351) and 8 July 2014 (402488) FL Europe Holdings
Inc. (hereinafter the opponent) filed notices of opposition, subsequently amended. The grounds of
opposition are in summary:
a) The opponent is the proprietor of the following trade marks:
Mark Number Date of application / Class Specification relied
registration upon
CHAMPS SPORTS 3053285 28.4.14 35 Retail services and
Not yet registered online retail services
Priority date: 09.12.13 relating to athletic
Priority country:OHIM clothing, footwear,
TM from which priority headgear and
is claimed: 012402467 clothing accessories.
CTM 09 January 2014 35 Retail services and
012488086 Not yet registered online retail services
relating to athletic
clothing, footwear,
Colours claimed: Red, headgear and
Blue And White. clothing accessories.
2
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