Decision Nº O/609/22 from Intellectual Property Office - (Trade market), 19 July 2022
| Court | Intellectual Property Office (United Kingdom) |
| Judge | Mrs T Perks |
| Administrative Decision Number | O/609/22 |
| Registration Number | UK00003621479 |
| Date | 19 July 2022 |
O/609/22
TRADE MARKS ACT 1994
IN THE MATTER OF APPLICATION NO. UK 3621479
IN THE NAME OF SHENZHEN SHIJIDAFEI TECHNOLOGY CO., LTD
FOR THE TRADE MARK:
LOVELLE
IN CLASS 8
AND
OPPOSITION THERETO UNDER NO. 426621
BY HACHETTE FILIPACCHI PRESSE
Page 2 of 39
Background and pleadings
1. SHENZHEN SHIJIDAFEI TECHNOLOGY CO., LTD (“the applicant”) applied to
register the trade mark shown on the cover page on this decision in the UK on 6 April
2021.
2. The application was accepted and published in the Trade Marks Journal on 4 June
2021 in respect of the following goods:
Class 8: Scissors; Tweezers; Table cutlery [knives, forks and spoons]; Hand
tools, hand-operated; Vegetable knives; Trowels [gardening]; Blade sharpening
instruments; Cuticle tweezers; Cuticle nippers; Hair-removing tweezers;
Pedicure sets; Garden tools, hand-operated; Nail files; Razors, electric or non-
electric; Nail files, electric; Nail buffers, electric or non-electric; Fingernail
polishers, electric or non-electric; Hair clippers for personal use, electric and
non-electric; Nail clippers, electric or non-electric; Manicure sets; Depilation
appliances, electric and non-electric; Manicure sets, electric; Pizza cutters,
non-electric; Eyelash curlers; Ceramic knives; Emery boards; Table knives,
forks and spoons for babies; Vegetable peelers [hand tools]; Wine bottle foil
cutters, hand-operated; Fruit segmenters; Kitchen mandolines; Wick trimmers
[scissors]; Can openers, non-electric; Tin openers, non-electric; Penknives;
Artificial eyelash tweezers.
3. On 03 September 2021, HACHETTE FILIPACCHI PRESSE (“the opponent”)
opposed the application on the basis of Sections 5(2)(b) and 5(3) of the Trade Marks
Act 1994 (“the Act”) relying on the trade marks and specifications set out in the table
below:
UK00810546813 (“the first earlier mark”)
Filing date: 25 January 2005
Registration date: 25 December 2006
Page 3 of 39
Priority date: 20 January 1989
Priority date: 30 March 1989
Relying on:
Class 3: Cosmetic and beauty preparations, perfumery.
Class 21: Household or kitchen utensils and containers (not of precious metal or
coated therewith); combs and sponges; articles for cleaning purposes; unworked or
semi-worked gla
ss (except glass used in building); glassware, porcelain and
earthenware not included in other classes.
UK00910170132 (“the second earlier mark”)
ELLE
Filing date: 02 August 2011
Registration date: 26 February 2013
Relying on:
Class 8: Hand tools and implements (hand-operated); Cutlery; Forks and spoons;
Side arms; Manicure sets, electric; Nail files (electric or non-
electric); Fingernail
polishers (electric or non-electric); Nail clippers (electric or non-electric); Clippers;
Pizza cutters (non-
electric); Hair curling implements; Forks; Curling tongs;
Sharpening instruments; Cheese slicers (non-electric); Nutcrackers; Pedicure sets;
Tongs; Hair removing tweezers; Manicure sets; Silver plate (knives, forks and
spoons); Scissors; Choppers; Eyelash curlers; Razors, electric or non-electric;
Depilation appliances, electric and non-electric; Hair clippers, electric and non-
electric; Razor blades; Shaving cases; Razor cases; Beard trimmers, Non-electric
can openers, Hair trimmers, Vegetable slicers, Nail nippers.
UK00001282347 (“the third earlier mark”)
Filing date: 01 October 1986
Registration date: 19 May 1989
Relying on:
Class 41: publishing
UK00903475365 (“the fourth earlier mark”)
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeStart Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
