ECTL20
Our Ref: T0516.EMP/CB
Your Ref:
Dear Mr Meyer
Community Trademark Registration No. 003634433
QUADZILLA (word mark) in Classes 9, 12 and 25
Registered Proprietor: Fast Toys Limited (.Our client.)
We refer to your e-mail dated 2013 in which you requested permission to
apply our client.s QUADZILLA trademark to your bespoke quad bikes in the Netherlands.
Our client.s rights and activities
As you may be aware, our client is the proprietor of Community Trademark Registration
No. 003634433 for QUADZILLA in Classes 9, 12 and 25. Details of this
registration are enclosed for your reference. As a member state of the European
Union, this trademark registration has full legal effect in the Netherlands.
Our client has invested a great deal of time and money in its QUADZILLA brand since
at least as early as 2004. As a result, our client has acquired valuable goodwill and
reputation in this trademark, which has come to be recognised as identifying the quality
goods offered by our client. All QUADZILLA branded off-road vehicles are CE approved
ensuring the highest quality and safety standards; and all road-legal QUADZILLA
branded vehicles are homologated to EU legislation.
Given the importance and value of the QUADZILLA brand to our client, our client
wishes to retain the strictest controls over build quality and is not prepared to licence
the use of its trademark to any third parties at all. It follows that our client does not
consent to your use of this (or any similar) trademark in respect of identical or similar
goods to those for which our client has secured registered trademark protection. To
be clear, our client.s permission will not be granted.
YouTube videos
With regard to the YouTube videos to which you referred us (which appear to be have
been uploaded under the username of .komentje.), can you please confirm if these
BY E-MAIL ONLY
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videos were uploaded by you? In this regard, our client notes that the titles of the videos
each contain a reference to the QUADZILLA trademark. We are informed by our
client that the quad bikes featured in these videos do not appear to be genuine
QUADZILLA goods. Naturally, our client is concerned that there is a risk of confusion
that anyone viewing the videos may think that the quad bikes featured therein are
QUADZILLA bikes, or contain QUADZILLA parts, or that they are in some way associated
with, or endorsed by, our client. Since this is not the case, our client hereby requests
that the titles of these videos are immediately amended to remove all references
to the QUADZILLA trademark.
We would be grateful if you could please reply by return within 7 days of this letter to
confirm that:
1. the YouTube videos have been amended to remove all references to the
QUADZILLA trademark (assuming that this is within your control); and
2. you understand that you do not have our client.s permission to apply the
QUADZILLA trademark (or any similar mark) to any identical (or similar) goods
to those for which our client has secured registered trademark protection.
Our client would appreciate your earliest response and cooperation in this regard.
Yours sincerely
LOVEN Patents & Trademarks Limited
Enc Details of Community Trademark Registration No. 003634433
OHIM The Trade Marks and Designs Registration Office of the European Union
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CTMONLINE Detailed trade
mark information
Overview
Trade mark
Graphic representation
List of goods and services
Description of the mark
Owner
Representative
Seniority
Exhibition priority
Priority
International Registration
Transformation
Publication
Opposition
Cancellation
Appeals
Recordals
Renewals
Download trade mark details
Link to CTM Bulletin online
CTMONLINE Detailed trade mark information
Trade mark name : QUADZILLA
Trade mark No : 003634433
Trade mark basis: CTM
Date of receipt : 12/02/2004
Number of results: 1 of 1
Request an inspection
Certified copy of the Registration Certificate
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Trade mark
Filing date: 12/02/2004
Date of registration: 28/04/2006
Expiry Date: 12/02/2014
Nice Classification: 9, 12, 25 ( Nice classification)
Trade mark: Individual
Type of mark: Word
Acquired distinctiveness: No
Applicant.s reference: T0516.EMP
Status of trade mark: Registered ( Glossary)
Publication of registration
( Publication B1 or Publication B2)
( History of statuses)
Filing language: English
Second language: French
Graphic representation
No entry for application number: 003634433.
List of goods and services
Nice Classification: 9
List of goods and services Protective headgear and helmets, protective eyewear
and goggles, protective clothing and body armour,
protective elbow and knee pads.
Nice Classification: 12
List of goods and services ATV’s; motorcycles, parts and fittings therefore.
Nice Classification: 25
List of goods and services Clothing; footwear and headgear.
Description
Description of the mark:
Owner
Name: Fast Toys Limited
ID No: 184831
Natural or legal person: Legal entity
Address: Lodge Farm High Toynton
Post code: LN9 6NS
Town: Horncastle,
County: Lincolnshire
Country: UNITED KINGDOM
Correspondence address: Fast Toys Limited Lodge Farm High
Toynton Horncastle, Lincolnshire LN9 6NS REINO
UNIDO
Representative
Name: LOVEN PATENTS & TRADEMARKS LIMITED
ID No: 15384
Type: 4 Association
Address: 3 Checkpoint Court Sadler Road
Post code: LN6 3PW
Town: Lincoln
Country: UNITED KINGDOM
Correspondence address: LOVEN PATENTS & TRADEMARKS LIMITED 3
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Checkpoint Court Sadler Road Lincoln LN6 3PW REINO
UNIDO
Telephone: 00 441522801111
Fax: 00 441522682165
Email:
enquiries@loven.co.uk
Seniority
No entry for application number: 003634433.
Exhibition priority
No entry for application number: 003634433
Priority
Country: UNITED KINGDOM
Number of basic application: 2340778
Filing date of basic application: 14/08/2003
Trade mark status: Accepted
International Registration Transformation
No entry for application number: 003634433.
Publication
Bulletin no.: 2004/048
Date of publication: 29/11/2004
Part: A.1
Bulletin no.: 2006/020
Date of publication: 15/05/2006
Part: B.2
Bulletin no.: 2007/047
Date of publication: 03/09/2007
Part: C.2.1
Bulletin no.: 2011/101
Date of publication: 30/05/2011
Part: C.2.1
Bulletin no.: 2012/041
Date of publication: 28/02/2012
Part: C.2.1
Opposition
Opposition No: 000803397
Reception date: 25/02/2005
Opponent name: C.M. MOTOSPORT, S.L.
Opponent ID No: 217820
Cancellation
No entry for application number: 003634433
Appeals
No entry for application number: 003634433.
Recordals
Title: Representative
Subtitle: Change of name and professional address
ID No: 002477480
Bulletin no.: 2007/047
Date of publication: 03/09/2007
Part: C.2.1
Title: Representative
Subtitle: Change of name and professional address
ID No: 005647097
Bulletin no.: 2011/101
Date of publication: 30/05/2011
Part: C.2.1
Title: Representative
Subtitle: Change of name and professional address
ID No: 006302957
Bulletin no.: 2012/041
Date of publication: 28/02/2012
Part: C.2.1
Renewals
Expiry Date: 12/02/2014
Status of renewal: Need to renew communicated
History of status ( Glossary) Status date
Need to renew communicated 21/07/2013
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