Decision Nº O/555/20 from Intellectual Property Office - (Trade market), 9 November 2020
| Judge | Ms J Ralph |
| Administrative Decision Number | O/555/20 |
| Date | 09 November 2020 |
| Court | Intellectual Property Office (United Kingdom) |
| Registration Number | UK00003336951 |
O-555-20
IN THE MATTER OF
TRADE MARK APPLICATION NO 3336951
BY POPCITY LIMITED
TO REGISTER
(SERIES OF 3)
AS TRADE MARKS
IN CLASSES 9, 29, 30, 32, 33, 35, 41 & 43
AND OPPOSITION THERETO (UNDER NO. 600001002)
BY
ASSEMBLY FESTIVAL LIMITED
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Background & Pleadings
1. PopCity Limited (“the applicant”) applied for the trade marks set out on the title
page as a series of three marks on 7 September 2018. The marks were published in
the Trade Marks Journal on 14 September 2018 in classes 9, 29, 30, 32, 33, 35, 41
and 43. The applicant sought to amend its specifications in classes 9, 35, 41 and 43
by means of a Form TM21B dated 10 August 2020 although class 9 does not form
part of these opposition proceedings. The contested goods and services will be set
out later in this decision.
2. Assembly Festival Limited (“the opponent”) opposed the application on 5
December 2018 using the Fast Track procedure under section 5(2)(b) of the Trade
Marks Act 1994 (“the Act”). The opponent relies on its earlier UK registration no.
2533436 in classes 16, 25, 35, 41 and 43. The earlier registration’s details are
outlined below.
UK TM No. 2533436
Goods & services
ASSEMBLY
assembly
(series of 2)
Filing date:
2 December 2009
Registration date:
30 September 2011
Class 16: Printed matter; paper, cardboard and
goods made from these materials, not included in
other classes; reports; promotional material,
publications, albums, almanacs, booklets, books,
brochures, diaries, directories, guides,
handbooks, journals, leaflets, notebooks,
pamphlets, magazines, manuals and periodicals;
stationery and printed forms; computer print-outs;
database listings; instructional and teaching
materials; bookbinding material; photographs;
stationery; adhesives for stationery or household
purposes; plastic materials for packaging (not
included in other classes); document files and
holders; folders for papers and stationery; loose
leaf binders; photographs; artwork, diagrams and
illustrations; charts; graphic prints and posters;
graphic reproductions; signboards of paper or
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cardboard; stamps (seals); stencils; wrapping
and packing paper; writing pads; writing paper;
parts and fittings for all the aforesaid goods.
Class 25: clothing; footwear; headgear
Class 35: Retail services connected with the sale
of printed matter, clothing, headgear and
footwear; establishment of business and retail
stores; the preparation and distribution of
promotional materials; business management
services; the bringing together for the benefit of
others of a variety of printed matter, clothing,
headgear and footwear products enabling
customers conveniently to view and purchase
those goods in a retail store, from an Internet
web site or by means of telecommunications;
advertising, marketing, promotional, public
relations and publicity services; advertising in
online, on-demand and other media, in particular
in the aforesaid media and via the aforesaid
media; direct mail advertising, operating,
management, advertising and marketing of online
websites; public relations; direct marketing
services; business management and
administration; business advisory services;
market surveys, analysis and research; business
advisory services in relation to the provision of
sponsorship; event marketing; organisation of
business shows; database marketing; sales
promotion services; preparing and placing of
advertisements; consultancy services relating to
advertising, publicity and marketing;
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