Decision Nº O/550/20 from Intellectual Property Office - (Trade market), 5 November 2020
| Judge | Ms S Wilson |
| Administrative Decision Number | O/550/20 |
| Date | 05 November 2020 |
| Registration Number | UK00003405839 |
O/550/20
IN THE MATTER OF APPLICATION NO. UK00003405839
BY MI-FAN LIMITED
TO REGISTER THE FOLLOWING TRADE MARK:
IN CLASS 11
AND IN THE MATTER OF OPPOSITION THERETO
UNDER NO. 417795
BY XIAOMI SINGAPORE PTE. LTD
2
BACKGROUND AND PLEADINGS
1. On 11 June 2019, Mi-Fan Limited (“the applicant”) applied to register the trade mark
shown on the cover page of this decision in the UK. The application was published for
opposition purposes on 21 June 2019 and registration is sought for the following
goods:
Class 11 Portable electric fans.
2. On 23 September 2019, Xiaomi Singapore Pte. Ltd (“the opponent”) opposed the
application based upon sections 5(2)(b), 5(3) and 5(4)(a) of the Trade Marks Act 1994
(“the Act”). For the purposes of its opposition based upon sections 5(2)(b) and 5(3),
the opponent relies upon the following trade marks:
IR designating the UK no. 1331842
International registration date: 14 April 2016
Date of designation: 14 April 2016
Date of protection granted in UK: 20 July 2017
(“the First Earlier Mark”)
IR designating the UK no. 1340015
International registration date: 14 November 2016
Date of designation: 14 November 2016
Date of protection granted in UK: 11 April 2018
(“the Second Earlier Mark”)
3. Under section 5(2)(b), the opponent relies upon the goods in class 11 for which the
earlier marks are registered only (as set out in the Annex to this decision) and claims
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