Decision Nº O/601/21 from Intellectual Property Office - (Trade market), 12 August 2021
| Judge | Mr John Williams |
| Date | 12 August 2021 |
| Registration Number | UK00003439946 |
| Court | Intellectual Property Office (United Kingdom) |
| Administrative Decision Number | O/601/21 |
O/601/21
TRADE MARKS ACT 1994
IN THE MATTER OF APPLICATION NO. UK00003439946
BY OKI ISLANDS LTD
TO REGISTER THE FOLLOWING MARK:
RAIN
IN CLASSES 3, 5, 30, 32, 33
AND 34
IN THE MATTER OF OPPOSITION THERETO
UNDER NO. 420177
BY REIGN BEVERAGE COMPANY LLC
2
Background and pleadings
1. On 28 October 2019, Oki Islands Ltd (“the applicant”) applied to register the
trade mark shown below and the application was published for opposition
purposes on 7 February 2020.
RAIN
2. The registration is sought for the following goods:
Class 3 Essential oils; aromatic oils; flavourings for essential oils based
on cannabinoids; massage oils; cosmetics; toiletries; skin care
preparations; skin moisturisers; non-medicated skin balms; all
the aforesaid contain or relate to cannabis; all the aforesaid are
not in relation to tobacco.
Class 5 Cannabinoid oils; chewing gums and plasters for use as an aid
to stop smoking; pharmaceutical preparations for use in
discouraging smoking; nasal spray preparations; tinctures;
mouth sprays; extracts of medicinal plants; dietary supplements;
nutritional supplements containing cannabinoids; medicated skin
balms; Herbal medicine; Herbal supplements; Liquid herbal
supplements; cannabinoid liquid; cannabinoid liquid drops; all
the aforesaid contain or relate to cannabis; all the aforesaid are
not in relation to tobacco.
Class 30 Flour and preparations made from cereals; bread; pastries;
cakes; tarts; biscuits; confectionery; chocolate; ice cream;
sorbets; edible ices; sweets; pastilles (confectionery); candies;
chewing gum; all the aforesaid contain or relate to cannabis; all
the aforesaid are not in relation to tobacco.
3
Class 32 Beers; fruit drinks and juices; syrups and other preparations for
making beverages; smoothies, energy drinks; all the aforesaid
contain or relate to cannabis; all the aforesaid are not in relation
to tobacco.
Class 33 Wines; spirits; cocktails; alcoholic preparations for making
beverages; all the aforesaid contain or relate to cannabis; all the
aforesaid are not in relation to tobacco.
Class 34 Oral vaporizers for smoking purposes; personal vaporisers and
flavourings and solutions thereof; vaping cannabis; cannabinoid
e-liquids for use in electronic smoking vaporiser and vaporising
pens; vaporiser accessories, namely cannabinoid liquids;
vaporiser / vaporising pens refill liquids; vaporiser refill liquids
namely cannabinoid liquids; personal vaporisers, and vaporising
pens; tobacco substitutes in liquid solution form other than for
medical purposes for electronic cigarettes; flavourings for
electronic cigarettes and vaporisers / vaporising pens; atomisers
for smoking and inhalation; parts and fittings for all the aforesaid
goods; all the aforesaid contain or relate to cannabis; all the
aforesaid are not in relation to tobacco.
3. Reign Beverage Company LLC (“the opponent”) opposes the trade mark on
the basis of Section 5(2)(b) of the Trade Marks Act 1994 (“the Act”). The
opposition is a partial one, directed against the Class 5, 30, 32 and 33 goods
in the application. In its submission received on 8 December 2020, the
opponent stated that “For reasons of procedural economy, the Opponent no
longer seeks to rely on UKTM Registration No. 3388553.” Consequently, it is
reliant on the five remaining marks brought in opposition, as detailed below.
4. UK00003393954, filed on 23 April 2019, registered on 20 September 2019.
REIGN
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