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 >> M MOTOSARA (Trade Mark: Opposition) [2004] UKIntelP o10404 (15 April 2004)
URL: http://www.bailii.org/uk/cases/UKIntelP/2004/o10404.html
Cite as: [2004] UKIntelP o10404
[New search] [Printable PDF version] [Help]
M MOTOSARA (Trade Mark: Opposition) [2004] UKIntelP o10404 (15 April 2004)
For the whole decision click here: o10404
Trade mark decision
- BL Number
- O/104/04
- Decision date
- 15 April 2004
- Hearing officer
- Mr D Landau
- Mark
- M MOTOSARA
- Classes
- 09
- Applicant
- Motosara Taiwan Inc
- Opponent
- Motorola Inc
- Opposition
- Sections 5(2)(b) & 5(3)
Result
Section 5(2)(b) - Opposition successful.
Section 5(3) - Opposition dismissed.
Points Of Interest
- 1. Comparison of the marks MOTOROLA & M device v MOTOSARA & M device.
- 2. Costs in proceedings before the Registrar : reduction to reflect unsatisfactory evidence.
Summary
The opposition was based on a number of MOTOROLA and M device registrations.
The Hearing Officer first reviewed the opponents' evidence. He concluded that this lacked specificity and detail and did "not even address itself to the goods of the registrations" on which the opponents relied.
He therefore dismissed any claims based on an alleged reputation and hence he dismissed the Section 5(3) ground. His dissatisfaction with the evidence was reflected in his award of costs.
Under Section 5(2)(b), however, and basing his assessment on just one of the registrations cited he found identical goods and similar marks. Overall, he found a likelihood of confusion and the opposition succeeded accordingly.
His award of costs however excluded any element in respect of the opponents’ evidence as this had been unsatisfactory.