Decision Nº O/553/20 from Intellectual Property Office - (Trade market), 6 November 2020
| Judge | Mr M Bryant |
| Administrative Decision Number | O/553/20 |
| Date | 06 November 2020 |
| Court | Intellectual Property Office (United Kingdom) |
| Registration Number | UK00003406317 |
O-553-20
IN THE MATTER OF TRADE MARK APPLICATION NO. 3406317
BY EASYGROUP LIMITED IN RESPECT OF THE FOLLOWING TRADE MARK
easy
IN CLASSES 35, 39 AND 43
AND IN THE MATTER OF OPPOSITION THERETO UNDER NO. 417879 BY
ALNAIR LIMITED
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Background and pleadings
1. easyGroup Limited (“the applicant”) applied to register the trade mark “easy” in the
UK on 12 June 2019. It was accepted and published in the Trade Marks Journal on
28 June 2019 in respect of the following services:
Class 35: Retail services connected w ith the sale of food and drink, prepar ations and
substances for use in the care and appe arance of the hair, scalp, lips, face, s kin, teeth, nails
and eyes, cosmetics, non-medicated toilet pr eparations, perfumes, fragrances, c olognes and
scents, soaps and cleaning preparatio ns, shampoos, conditioners, moisturis ers, tooth
cleaning preparations, depilatory prep arations, sun-screening and tanning preparations, ant i-
perspirants, deodorisers and deodora nts, sunglasses; retail services conn ected with the sale
of personal stereos, MP3 players, CD pl ayers, apparatus for playing music an d video
recordings, jewelry, stones, watches, clocks, books, magazines, newspaper s, stationery,
calendars, diaries, purses, umbrell as, parasols briefcases, purses, walle ts, pouches and
handbags, luggage, suitcases, trav elling sets, sports bags, bike bags, bac kpacks, games,
playing cards, gymnastic and sporting articles, gymnastic and sporting art icles, scooters;
marketing and publicity services; diss emination of advertising, marketing a nd publicity
materials; Advertising; business man agement; business administration; of fice functions;
operation and supervision of loyalty and incentive schemes; advertising ser vices provided via
the Internet; production of television and radio advertisements; provision of business
information.
Class 39: Transport; travel arrangemen t; travel information; transportation of passengers and
travelers by air; airline services; ar ranging of transportation of passengers and travelers by
sea; cargo handling and freight serv ices; arranging, operating and provid ing facilities for
cruises, tours, excursions and vacat ions; chartering of aircraft; rental an d hire of aircraft;
airport transfer services; escorting of travelers; travel agency services; tour ist guide services;
advisory and information services relating to the aforesaid services; infor mation services
relating to transportation services , travel information and travel booking services provided on-
line from a computer database or the Int ernet.
Class 43: Services for providing food and drink; temporary accommodation; res taurant, bar
and catering services; provision of ho liday accommodation; booking and reser vation services
for restaurants and holiday accommo dation; hotel services; hotel reservation s ervices;
provision of facilities for exhibitions a nd conferences.
2. Alnair Limited (“the opponent”) opposes the application on the basis of section
5(2)(b), section 5(3), section 5(4)(a) and section 3(1)(b) and (c) of the Trade Marks
Page 3 of 43
Act 1994 (“the Act”). The following five earlier marks are relied upon for the purposes
of both the section 5(2)(b) and section 5(3) grounds:
Earlier mark details
Services relied upon
Services opposed
1482481
BIG EASY
Filing date: 12
November 1991
Date of entry on
register:
5 March 1993
All relied upon for section 5(2)(b)
and section 5(3)
Class 42: Restaurant services; all
included in Class 42.
Underlined: under section 5(2)(b)
Bold: under section 5(3)
Class 35: Retail services
connected with the sale of food
and drink, preparations and
substances for use in the care
and appearance of the hair, scalp,
lips, face, skin, teeth, nails and
eyes, cosmetics, non-medicated
toilet preparations, perfumes,
fragrances, colognes and scents,
soaps and cleaning preparations,
shampoos, conditioners,
moisturisers, tooth cleaning
preparations, depilatory
preparations, sun-screening and
tanning preparations, anti-
perspirants, deodorisers and
deodorants, sunglasses; retail
services connected with the sale
of personal stereos, MP3 players,
CD players, apparatus for playing
music and video recordings,
jewelry, stones, watches, clocks,
books, magazines, newspapers,
stationery, calendars, diaries,
purses, umbrellas, parasols
briefcases, purses, wallets,
pouches and handbags, luggage,
suitcases, travelling sets, sports
bags, bike bags, backpacks,
games, playing cards, gymnastic
and sporting articles, gymnastic
and sporting articles, scooters;
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