Trade Marks Inter Partes Decision O/215/20
O/215/20 TRADE MARKS ACT 1994 IN THE MATTER OF APPLICATION NO. UK00003370381 BY SILVINA’S NATURE LIMITED TO REGISTER: Mimbles AS A TRADE MARK IN CLASS 30 AND IN THE MATTER OF OPPOSITION THERETO UNDER NO. 416580 BY KALLO FOODS LIMITED BACKGROUND AND PLEADINGS 1. On 27 January 2019, Silvina’s Nature Limited (‘the applicant’) applied to register the trade mark shown on the cover page of this decision in the UK. The application was published for opposition purposes on 8 February 2019 and registration is sought for the goods shown in the Annex to this decision. 2. On 8 May 2019, the application was opposed by Kallo Foods Limited (‘the opponent’). The opposition was initially based on section 5(2)(b) and section 5(3) of the Trade Marks Act 1994 (‘the Act’). The opposition under section 5(3) of the Act was withdrawn by the opponent via written correspondence on 14 October 2019. The opponent relies on the following trade marks: MRS. CRIMBLE’S UK registration no. 3243585 Filing date 13 July 2017; registration date 24 November 2017 Relying on all goods and services namely: Class 29 Dried and cooked fruits, jams, fruit sauces, jellies; prepared meals and snacks; meat, fish, poultry and game; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats. Class 30 Flour and preparations made from cereals; bread, pastry and confectionery; cocoa, chocolate; prepared meals and snacks consisting primarily of grains and cereals; cereal bars; food flavourings; bakery products; dough, pastry, dough products, pastry products; pastries; cakes, doughnuts, biscuits, cookies; dough mixes, cake mixes, doughnut mixes, biscuit mixes; cereal and oat based products namely health bars; desserts and dessert mixes; rice cakes, corn cakes; crackers; macaroni, noodles, pasta, tomato sauce, sauces, seasonings; coffee, tea, cocoa and artificial coffee; rice; tapioca and sago; ices; sugar, honey, treacle; yeast, baking-powder; salt; mustard; vinegar, sauces (condiments); spices; ice.
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