Decision Nº O/500/13 from Intellectual Property Office - (Trade market), 11 December 2013
| Judge | Mr D Landau |
| Date | 11 December 2013 |
| Administrative Decision Number | O/500/13 |
| Registration Number | UK00002601593, UK00002611356 |
| Court | Intellectual Property Office (United Kingdom) |
O-500-13
In the matters of application no 2601593
by Rackit Ltd
to register the trade mark:
RACKIT
and the opposition thereto under no 103156
by Redirack Limited
and
application no 2611356
by Redirack Limited
to register the trade marks (a series of two):
RackIt
RACKIT
and the opposition thereto under no 103667
by Rackit Ltd
Mr Thomas St Quintin, of counsel, (instructed by MacRoberts LLP)
appeared on behalf of Rackit Ltd.
Mr Tom Alkin, of counsel, (instructed by Jensen & Son) appeared on behalf
of Redirack Limited.
Hearing date: 25 November 2013.
2 of 30
1) These proceedings concern oppositions brought by Rackit Ltd, hereafter
Irvine, and Redirack Limited, hereafter Redirack, to the registration of each
other’s applications. Irvine’s application is the earlier. It was filed on 17
November 2011 and published on 23 December 2011 for:
shelves of metal [structures]; pallet racks of metal; lockers of metal; storage units
of metal for use in trucks; partitions of metal; sheet metal partition walls;
mezzanine floors of metal; shelters and structures of metal; metal storage
apparatus and structures; wheels and castors of metal; articles made of common
metals for lifting loads; steps of metal; ladders of metal; forklift cages of metal;
scaffolding towers of metal; work platforms of metal; display apparatus of metal;
bins of metal; metal traffic control ramps; traffic signs of metal (non-metallic, non-
luminous and non-mechanical- ); traffic control constructions of metal; signs and
display signs, non-luminous and non-mechanical, of metal; metal barriers; gates
of metal; posts of metal; metal storage cans and cylinders; tote pan racks of
metal; letter racks and carton stands of metal; aluminium tubing; storage tanks of
metal; parts and fittings for all the aforesaid goods;
shelves for storage; shelving units; wall shelves [structures] of non-metallic
materials; non-metallic pallets; lockers; work benches; trolleys [furniture]; article
storage apparatus [furniture]; wheels and castors not of metal for furniture;
workshop furniture; office furniture; steps and ladders not of metal; work stations
[furniture]; display racks, furniture, counters, shelves, frames and screens; bins,
not of metal; tanks, not of metal; parts and fittings for all the aforesaid goods;
installation of shelving; building construction; repair; installation services; hire and
rental of cleaning and janitorial equipment; information, advice and consultancy in
relation to all the aforesaid services;
hire of pallet racks; transport; packaging and storage of goods; facilities
management, namely sorting and delivery of mail and waste disposal
[transportation]; information, advice and consultancy in relation to all the
aforesaid services.
The above goods and services are in classes 6, 20, 37 and 39 respectively of the
Nice Agreement concerning the International Classification of Goods and
Services for the Purposes of the Registration of Marks of 15 June 1957, as
revised and amended.
2) Redirack’s application was filed on 22 February 2012 and it was published on
15 June 2012 with the following specification:
storage apparatus and installations; shelving, racks, pallet flow racks, racking,
pallet racking systems and accessories; sectional units for shelving and for
racking, rails, cantilevered rails and tracks for the aforesaid goods; framing
fixtures and frame supports; racking frames and frame supports; frames for use
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