British
and Irish Legal Information Institute
Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> ESPIRIT (Trade Mark: Opposition) [1998] UKIntelP o13898 (2 July 1998)
URL: http://www.bailii.org/uk/cases/UKIntelP/1998/o13898.html
Cite as: [1998] UKIntelP o13898
[New search] [Printable PDF version] [Help]
ESPIRIT (Trade Mark: Opposition) [1998] UKIntelP o13898 (2 July 1998)
For the whole decision click here: o13898
Trade mark decision
- BL Number
- O/138/98
- Decision date
- 2 July 1998
- Hearing officer
- Mr S J Probert
- Mark
- ESPIRIT
- Classes
- 12
- Applicants
- Jit Singh Chohan
- Opponents
- Group Lotus Limited
- Opposition
- Sections 5(2)(b); 5(3) & 5(4)(a)
Result
Section 5(2)(b) - opposition failed
Section 5(3) - opposition failed
Section 5(4)(a) - opposition failed
Points Of Interest
- Bicycles and parts not similar to motor land vehicles.
Summary
The opposition was based on the opponents' registration of their mark ESPRIT, registered in Class 12 in respect of motor land vehicles. The Hearing Officer found that the marks were similar but the goods (bicycles and parts) were not. Accordingly, the Section 5(2)(b) objection failed. The evidence in support of the opponents' claim of reputation was insufficient for the purposes of Section 5(3); this also decided to matter under Section 5(4)(a).