Decision Nº O/597/21 from Intellectual Property Office - (Trade market), 11 August 2021
| Judge | Mrs Karol Thomas |
| Date | 11 August 2021 |
| Registration Number | UK00003533517 |
| Administrative Decision Number | O/597/21 |
O-597-21
TRADE MARKS ACT 1994
IN THE MATTER OF
TRADE MARK APPLICATION NO. 3533517
BY SHENZHEN ZHENZHI NETWORK TECHNOLOGY CO.,LTD.
TO REGISTER
AS A TRADE MARK IN CLASS 25
AND
OPPOSITION THERETO
UNDER NO. 422968
BY THE NET-A-PORTER GROUP LIMITED
Page 2 of 27
Background and pleadings
1. On 15 September 2020, Shenzhen Zhenzhi Network Technology Co.,Ltd. (“the
applicant”) applied to register the trade mark shown on the cover page of this
decision.
2. The application was published for opposition purposes on 30 October 2020 for
the following goods in Class 25:
Athletic clothing; Athletic uniforms; Baby doll pyjamas; Bath robes;
Beachwear; Bottoms [clothing]; Clothing; Footwear; Gloves; Hats; Head
bands; Headwear; Loungewear; Menswear; Night shirts; Pajama
bottoms; Rainwear; Scarfs; Shapewear; Shoes; Sleep masks; Sleeping
garments; Sleepwear; Socks; Sportswear; Swimwear; Thermal clothing;
Thermal underwear; Tops [clothing]; Underwear .
3. The Net-a-Porter Group Limited (“the opponent”) filed a notice of opposition on
29 January 2021. The opposition which is based upon sections 5(2)(b), 5(3)
and 5(4)(a) of the Trade Marks Act 1994 (“the Act”) is directed against all the
goods in the application. For its claims under sections 5(2)(b) and 5(3), the
opponent relies upon the following United Kingdom (“UK”) and European Union
(“EU”) trade marks:
Mark 1: MR P
UK registration no. 3384549
Filing date: 19 March 2019
Registration date: 28 June 2019
Goods relied upon:
Class 25
Clothing in particular jumpers, knitwear, sweatshirts, t-shirts,
shorts, jackets, blazers, coats, blouses, shirts, pullovers, dresses,
skirts, pants, trousers, jeans, jumpsuits, playsuits, beachwear,
sweaters, evening wear, waistcoats, suits, scarves, shawls,
swimwear, beachwear, lounge wear, sleepwear, pyjamas, sleep
masks, leisurewear, sportswear, lingerie, camisoles, bodices,
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