Decision Nº O/549/20 from Intellectual Property Office - (Trade market), 5 November 2020
| Judge | Mr C Bowen |
| Date | 05 November 2020 |
| Administrative Decision Number | O/549/20 |
| Court | Intellectual Property Office (United Kingdom) |
| Registration Number | UK00003437626 |
O-549-20
IN THE MATTER OF A JOINT HEARING HELD IN RELATION TO
APPLICATION NO. 3437626
IN THE NAME OF ANETA KELLER-SAUBA
AND
OPPOSITION THERETO UNDER NO. 420607 BY
TASTY BAKING COMPANY
Page 2 of 16
BACKGROUND
1. On 18 October 2019, Aneta Keller-Sauba (“the applicant”) sought registration of
the trade mark kakes for the goods in class 30 shown in the Annex to this decision.
The application, which was accorded no. 3437626, was published for opposition
purposes on 3 January 2020.
2. On 28 February 2020, CSY London (“CSY”) filed a Form TM7A (Notice of
threatened opposition) on behalf of Flowers Bakeries Brands, LLC (“FBB”). The
effect of filing Form TM7A was to extend the opposition period in which FBB could
file opposition until 3 April 2020. On 3 April 2020, CSY filed a Form TM7 (Notice of
opposition and statement of grounds); the opponent is identified as Tasty Baking
Company (“TBC”).
3. In its Statement of Grounds accompanying its Form TM7, it states that TBC “is a
rules”) reads:
“This paragraph applies where a request for an extension of time for the filing
of Form TM7 has been made on Form TM7A, before the expiry of the period
referred to in paragraph (2) and where this paragraph applies, the time
prescribed for the purposes of section 38(2) in relation to any person having
filed a Form TM7A (or, in the case of a company, any subsidiary or holding
company of that company or any other subsidiary of that holding company)
shall be the period of three months beginning immediately after the date on
which the application was published.”
The Form TM7 filed on 3 April 2020 in the name of TBC is, therefore, acceptable.
4. The opposition, which is directed against all of the goods in the application, is
based upon sections 5(2)(b) and 5(3) of the Trade Marks Act 1994 (“the Act”), with
the opponent relying upon a United Kingdom Trade Mark and International
Registration designating the European Union Trade Mark (“IREU”) i.e. UK no.
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