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.

Full decision O/167/05 1.05Mb