Decision Nº O/890/22 from Intellectual Property Office - (Trade market), 13 October 2022
| Court | Intellectual Property Office (United Kingdom) |
| Judge | Mrs Suzanne Hitchings |
| Administrative Decision Number | O/890/22 |
| Registration Number | UK00003602611 |
| Date | 13 October 2022 |
O/890/22
TRADE MARKS ACT 1994
IN THE MATTER OF
TRADE MARK APPLICATION NO. 3602611
IN THE NAME OF
ACEITUNAS Y ENCURTIDOS ARTESANOS DE NAVARRA S.A
TO REGISTER AS A TRADE MARK
IN CLASS 29
AND
IN THE MATTER OF OPPOSITION THERETO
UNDER NUMBER 425130
BY OLIVE LINE INTERNATIONAL, S.L.
Page 2 of 47
BACKGROUND AND PLEADINGS
1. On 01 March 2021, Aceitunas y Encurtidos Artesanos de Navarra S.A (“the
applicant”) applied to register trade mark number UK3602611 for the mark shown on
the cover page of this decision in the United Kingdom.
2. The application was accepted and published for opposition purposes on 23 April
2021, in respect of the following goods:
Class 29: Olives, preserved; Olives, [prepared]; Processed olives; Pickles.
3. The application is opposed by Olive Line International, S.L. (“the opponent”). The
opposition was filed on 24 June 2021 and is based upon Section 5(2)(b) and Section
5(3) of the Trade Marks Act 1994 (“the Act”). The opposition is directed against all of
the goods in the application. The opponent relies upon the following three marks under
both grounds:
International Registration No.: WO0000000938133
International Registration date: 21 March 2007
UK Date of Designation: 21 March 2007
Date protection conferred in the UK: 09 March 2016
Protected for goods in Class 29
Relying on some goods only, namely:
Page 3 of 47
Olive oils for foods.1
(“Mark 1”); and
UK trade mark registration number 800938133
Filing date: 21 March 2007
Registration date: 20 August 2014
Registered in Classes 29, 30
Relying on some Class 29 goods only, namely:
Class 29: Preserved olives2
(“Mark 2”); and
MAESTRO DE OLIVA
International Registration No.: WO0000000712672
International Registration date: 03 May 1999
UK Date of Designation: 25 June 2002
Date protection conferred in the UK: 03 January 2003
Protected for goods in Class 29
1 In the original filing of the opposition, the opponent stated that it was relying on all goods covered by
the earlier registrations and use was also claimed in relation to all such goods covered by them. In its
written submissions dated 23 December 2021, the opponent confirmed that it was limiting the basis of
the opposition to the goods shown above for its Mark 1 and Mark 2 (Mark 3 remains the same). The
full specification of goods for which Mark 1 and Mark 2 are registered is shown under Annex A at the
end of this decision.
2 See Footnote 1.
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
