004912771

HOUSE OF FRAZER Simply The Best Since 1911

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February 19, 2006

Trademark Summary

The trademark HOUSE OF FRAZER Simply The Best Since 1911 was filed by GORDON FRAZER & CO. LTD, a corporation established under the laws of the Democratic Socialist Republic of Sri Lanka (the "Applicant"). The application was published for oppositions on August 20, 2006, and received one opposition filed on November 19, 2006 by House of Fraser (Stores) Limited on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute, (c) Earlier non registered TM & right to prohibit use of later TM under national law. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 19, 2006

The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).

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Goods And Services

• The mark was filed in class 30 with following description of goods:
  
  1. Coffee, tea, tea extracts
  2. Tea-based beverages
  3. Fruit flavoured tea
  4. Tea-based beverages with vegetable juice flavouring
  5. Iced tea
  6. Black tea
  7. Green tea
  8. Oolong tea
  9. Jasmine tea
  10. Lemon tea
  11. Milk tea
  12. Milk tea mixes
  13. Tea bags
  14. Sugar
  15. All the aforesaid goods included in class 30.
• The mark was filed in class 32 with following description of goods:
  
  1. Non-alcoholic drinks
  2. Preparations for making beverages
  3. Non-alcoholic fruit extracts
  4. Non-alcoholic fruit juice beverages
  5. Vegetable juices [beverages]
  6. Syrups for beverages
  7. All the aforesaid goods included in class 32.
• The mark was filed in class 43 with following description of goods:
  
  1. Services for providing food and drink
  2. Cafés, snack bars, takeaway restaurants
  3. All included in class 43.