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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> 3D mark (Device of a computer mouse on wheels) (Trade Mark: Opposition) [2006] UKIntelP o36306 (13 December 2006)
URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o36306.html
Cite as: [2006] UKIntelP o36306
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3D mark (Device of a computer mouse on wheels) (Trade Mark: Opposition) [2006] UKIntelP o36306 (13 December 2006)
For the whole decision click here: o36306
Trade mark decision
- BL Number
- O/363/06
- Decision date
- 13 December 2006
- Hearing officer
- Mr A James
- Mark
- 3D mark (Device of a computer mouse on wheels)
- Classes
- 36
- Applicants
- Esure Insurance Limited
- Opponents
- Direct Line Insurance Plc
- Opposition
- Sections 5(2)(b), 5(3) & 5(4)(a)
Result
Section 5(2)(b): Opposition successful. Section 5(3): Opposition successful. Section 5(4)(a): No formal finding.
Points Of Interest
- In the course of the three day hearing the following were covered:
- Survey Evidence
- Cross-examination of witnesses.
- Status of a ‘Registrar’s Preliminary Indication’ issued under Rule 13(b)(4)(a): “preliminary opinions are not subject to appeal and parties are not entitled to be heard before such an opinion is issued.”
Summary
The opposition was based on the opponents’ mark, a telephone on wheels, registered in respect of identical or similar services, principally insurance services.
In the result the Hearing Officer found the opposition to have succeeded under Sections 5(2)(b) and 5(3). He did not go on to make a finding under Section 5(4)(a) and he postponed a decision on costs pending receipt of written submissions on the matter.