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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> redENVELOPE (Trade Mark: Opposition) [2005] UKIntelP o16705 (15 June 2005)
URL: http://www.bailii.org/uk/cases/UKIntelP/2005/o16705.html
Cite as: [2005] UKIntelP o16705
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redENVELOPE (Trade Mark: Opposition) [2005] UKIntelP o16705 (15 June 2005)
For the whole decision click here: o16705
Trade mark decision
- BL Number
- O/167/05
- Decision date
- 15 June 2005
- Hearing officer
- Mr G Salthouse
- Mark
- redENVELOPE
- Classes
- 35, 42
- Applicant
- Redenvelope Inc
- Opponent
- Red Letter Days Plc
- Opposition
- Sections 3(6), 5(2)(b), 5(3) & 5(4)(a)
Result
Section 3(6): - Opposition failed. Section 5(2)(b): - Opposition failed. Section 5(3): - Opposition failed. Section 5(4)(a): - Opposition failed.
Section 5(2)(b): - Opposition failed.
Section 5(3): - Opposition failed.
Section 5(4)(a): - Opposition failed.
Points Of Interest
- 1. See also BL O/166/05.
- 2. The opponent appealed to the Appointed Person. In her decision dated 29 August 2006 (BL O/250/06) the Appointed Person upheld the Hearing Officer’s decision and dismissed the appeal.
Summary
The summary as set down under BL O/166/05 also applies to this case. The only difference between this case and BL O/166/05 was that the mark in suit was presented in a slightly different form in that the "red" element is in lower case and the "ENVELOPE" element in upper case. Under BL O/166/05 the mark was presented as RED ENVELOPE in upper case. The Hearing Officer’s decision and reasoning is the same in respect of both sets of proceedings as was the evidence filed by the parties.