Decision Nº O/567/20 from Intellectual Property Office - (Trade market), 16 November 2020

JudgeProfessor Ruth Annand
Date16 November 2020
Administrative Decision NumberO/567/20
Registration NumberUK00003350961
1
O/567/20
TRADE MARKS ACT 1994
IN THE MATTER OF
UK TRADE MARK APPLICATION No. 3350961
IN THE NAME OF EXORO DESIGN LIMITED
AND IN THE MATTER OF
OPPOSITION No. 415485 THERETO
BY UNDER ARMOUR INC
AND IN THE MATTER OF
AN APPEAL TO THE APPOINTED PERSON
BY THE APPLICANT
AGAINST A DECISION OF MS CLARE BOUCHER
DATED 29 JUNE 2020
_____________
DECISION
______________
1. On 27 July 2020, Exoro Design Limited (“the Appellant”) filed on Form TM55P
Notice of appeal to the Appointed Person under Section 76 of the Trade Marks Act
1994 against a decision of Ms Clare Boucher, acting for the Registrar, dated 29 June
2020, BL O/339/20, in which she refused Application number 3350961 in the name of
the Appellant under Section 5(3) of the Act following an opposition brought by Under
Armour Inc (“the Respondent”) under number 415485.
2. On 19 August 2020, the Respondent filed a Respondent’s Notice under Rule 71 of the
Trade Marks Rules 2008, headed: “In the High Court, Chancery Division, in an
appeal from the UK IPO”.
3. The Respondent’s accompanying email, dated 20 August 2020, addressed to the
Appointed Person Appeals Secretariat at tribunalappeals@ipo.gov.uk, stated:
“We will be requesting that the case be referred to the High Court by the
deadline of 27 August 2020 and will confirm with you when this has been
done for your records. The heading of the Respondent’s Notice reflects this
transfer. We do not therefore require the Appointed Person to set a hearing
date …”
4. As well as upholding Ms Boucher’s refusal of Application number 3350961 under
Section 5(3) of the Act, the Respondent’s Notice sought to challenge by way of

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT