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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> MOTORNET (Trade Mark: Opposition) [1999] UKIntelP o08099 (16 March 1999)
URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o08099.html
Cite as: [1999] UKIntelP o8099, [1999] UKIntelP o08099
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MOTORNET (Trade Mark: Opposition) [1999] UKIntelP o08099 (16 March 1999)
For the whole decision click here: o08099
Trade mark decision
- BL Number
- O/080/99
- Decision date
- 16 March 1999
- Hearing officer
- Mr S J Probert
- Mark
- MOTORNET
- Classes
- 16, 35, 36, 37
- Applicant
- Cendant Business Answers (Europe) Plc
- Opponent
- Bayerische Motoren Werke Aktiengesellschaft
- Opposition
- Sections 5(2)(b) & 5(3)**other grounds were raised but these were not pursued at the Hearing.
Result
Section 5(2)(b) - Opposition failed
Section 5(2)(b) - Opposition failed
Section 5(3) - Opposition failed
Section 5(3) - Opposition failed
Points Of Interest
- 1. Comparison of device marks, when in monochrome.
- 2. Admission of oral evidence in lieu of or in addition to written evidence.
Summary
The opposition was based on various registrations of the BMW roundel device. At the hearing it was conceded that the sole matter at issue was the similarity of the marks. In this, after some deliberation, and with some comments on the quality of the reproduction of the marks, the Hearing Officer concluded that the marks were not similar enough as to give victory of the opponents.