Decision Nº O/816/21 from Intellectual Property Office - (Trade market), 3 November 2021
| Judge | Ms J Ralph |
| Date | 03 November 2021 |
| Registration Number | UK00003475919 |
| Court | Intellectual Property Office (United Kingdom) |
| Administrative Decision Number | O/816/21 |
O-816-21
TRADE MARKS ACT 1994
IN THE MATTER OF
TRADE MARK APPLICATION NO 3475919
BY PRESS & PASS LTD
TO REGISTER
AS A TRADE MARK
IN CLASS 6
AND OPPOSITION THERETO (UNDER NO. 421262)
BY
ROLLERDOR LIMITED
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Background & Pleadings
1. Press & Pass Ltd (“the applicant”) applied to register the trade mark set out on the
title page on 18 March 2020. The mark was published in the Trade Marks Journal
on 26 June 2020 in class 6 for garage doors of metal; metal garage door rollers.
2. Rollerdor Limited (“the opponent”) opposed the application on 26 August 2020
under sections 5(2)(b) and 5(3) of the Trade Marks Act 1994 (“the Act”) on the basis
of its earlier UK trade mark no. 3349595, the detail of which is set out below. In
addition the opponent opposed the application under section 5(4)(a) of the Act
relying upon the sign ROLLERDOR for which it claims use since January 2009 in the
UK on garage doors, metal garage doors, metal garage door rollers, roller garage
doors, electric garage doors, doors, parts and fittings for garage doors, installation of
garage doors, repair and maintenance services for garage doors, manufacture of
garage doors and their parts and fittings.
UK TM No.3349595
Goods and services relied on
ROLLERDOR
Filing Date: 30 October 2018
Registration Date: 1 February 2019
Class 6: Common metals and their
alloys; metal building materials;
ironmongery, small items of metal
hardware; pipes and tubes of metal;
Metal garage doors; metal garage door
rollers; prefabricated garages of metal;
metal keys for locks; keys; door hinges
of metal; door frames and casings of
metal; door fittings of metal; door
handles of metal; door pulls of metal;
door locks; door openers, non-electric;
door seals of metal; door bolts of metal;
door fasteners of metal; bindings of
metal; bolts of metal; brackets of metal
for building; building materials of metal ;
building panels of metal; door bolts of
metal; door closers, non-electric / door
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springs, non-electric; door panels of
metal; doors of metal; fittings of metal
for building; folding doors of metal;
frames of metal for building; framework
of metal for building; hinges of metal;
hooks [metal hardware]; latches of
metal; lock bolts; locks of metal, other
than electric; mouldings of metal for
building; nails; nuts of metal; outdoor
blinds of metal; partitions of metal;
pulleys of metal, other than for
machines; runners of metal for sliding
doors; screws of metal; shutters of
metal; shutter doors of metal; insulating
doors of metal; outer doors of metal;
springs [metal hardware]; swing doors
of metal; roll doors of metal; frames of
metal for doors; panels of metal for
doors; fittings of metal for doors; safety
fittings of metal for doors; overhead
suspension tracks of metal for use with
doors; parts and fittings for all the
aforesaid goods.
Class 19: Building materials (non-
metallic); brackets, not of metal, for
building; construction materials, not of
metal; building panels, not of metal;
door frames and casings, not of metal;
door panels, not of metal; doors, not of
metal; folding doors, not of metal;
framework, not of metal, for building;
mouldings, not of metal, for building;
outdoor blinds, not of metal and not of
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