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United Kingdom Intellectual Property Office Decisions
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JAGUAR COURIERS (Trade Mark: Opposition) [2008] UKIntelP o15108 (3 June 2008)
URL: http://www.bailii.org/uk/cases/UKIntelP/2008/o15108.html
Cite as:
[2008] UKIntelP o15108
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JAGUAR COURIERS (Trade Mark: Opposition) [2008] UKIntelP o15108 (3 June 2008)
For the whole decision click here: o15108
Trade mark decision
- BL Number
- O/151/08
- Decision date
- 3 June 2008
- Hearing officer
- Mr M Bryant
- Mark
- JAGUAR COURIERS
- Classes
- 39
- Applicants
- Jaguar Couriers Limited
- Opponents
- Jaguar Cars Limited
- Opposition
- Sections 5(2)(b); 5(3) & 5(4)(a)
Result
Section 5(2)(b): Opposition successful. Section 5(3): No formal finding. Section 5(4)(a): No formal finding.
Points Of Interest
-
Comparison of the services; warehousing and distribution of vehicle parts similar to courier services.
Summary
The opposition was based on various JAGUAR marks, registered in respect of a number of services including in Class 39, “warehousing and distribution of vehicle parts”. The applicant’s specification was in respect of courier services.
The Hearing Officer found these respective services to be “…. if not identical at least at the very top end of similarity”. Having gone on to find that the respective marks shared “a high level of visual, aural and conceptual similarity” the Hearing Officer concluded that there existed a likelihood of confusion, and the Section 5(2)(b) opposition succeeded accordingly.
He did not go on to consider the opponent’s further objections under Sections 5(3) & 5(4)(a).