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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> MOBILICITY (Trade Mark: Opposition) [2004] UKIntelP o36804 (14 December 2004)
URL: http://www.bailii.org/uk/cases/UKIntelP/2004/o36804.html
Cite as: [2004] UKIntelP o36804
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MOBILICITY (Trade Mark: Opposition) [2004] UKIntelP o36804 (14 December 2004)
For the whole decision click here: o36804
Trade mark decision
- BL Number
- O/368/04
- Decision date
- 14 December 2004
- Hearing officer
- Mr D Landau
- Mark
- MOBILICITY
- Classes
- 12, 39
- Applicant
- Capoco Design Limited
- Opponent
- Exxonmobil Oil Corporation
- Opposition
- Section 5(2)(b)
Result
See BL O/367/04
Points Of Interest
- 1. Statement of grounds of opposition : scope of the attack.
- 2. Amendment of pleadings; inherent jurisdiction to allow.
Summary
In dealing with the opposition to this application (see BL O/367/04) the Hearing Officer questioned the scope of the objections under Section 5(2)(b), giving as his view that the pleadings did not include an attack on the Class 12 specification. He also refused to allow an amendment to the pleadings.
A TM5 was filed asking for a statement of the Hearing Officer’s grounds for holding this view and for his refusal of the amendment. This decision, which is supplementary to BL O/367/04, sets out the requisite statement.