FOOT ACTION - 229779

• Administrative Decision Number: 229779
• Date: 13 May 2008
• opponent: FL RETAIL OPERATIONS, LLC
• Section: Trade Marks Act, 1996 - 2008-2017

1

DECISION OF THE CONTROLLER OF PATENTS, DESIGNS AND TRADE

MARKS IN PROCEEDINGS UNDER THE TRADE MARKS ACT, 1996

BETWEEN

THE JOHN DAVID GROUP PLC

Applicant

and

FL RETAIL OPERATIONS, LLC

Opponent

CONCERNING

Trade Mark Application No. 2004/00928 (229779)

FOOT ACTION

Background

1. On 27 April, 2004, The John David Group, plc, an English company of

Hollingsbrook Way, Pilsworth, Bury, Lancashire BL9 8RR, England, made

application (No. 2004/00928) under Section 37 of the Trade Marks Act, 1996

(“the Act”) to register the words FOOT ACTION as a trade mark in respect of a

specification of goods and services in Classes 18, 25 and 35, which was amended

in the course of the examination of the application to read as follows:

Class 18: Bags; holdalls; backpacks; rucksacks; sports bags; sports

holdalls; parts and fittings for all the aforesaid goods

Class 25: Clothing; footwear; headgear

Class 35: The bringing together, for the benefit of others, of a variety of

goods, enabling customers to conveniently view and purchase

those goods in a retail outlet, namely bags, holdalls, backpacks,

rucksacks, sports bags, sports holdalls, clothing, footwear,

headgear, gymnastics and sporting articles and equipment