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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> ESPIRIT (Trade Mark: Opposition) [1998] UKIntelP o13898 (2 July 1998)
URL: http://www.bailii.org/uk/cases/UKIntelP/1998/o13898.html
Cite as: [1998] UKIntelP o13898

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ESPIRIT (Trade Mark: Opposition) [1998] UKIntelP o13898 (2 July 1998)

For the whole decision click here: o13898

Trade mark decision

BL Number
O/138/98
Decision date
2 July 1998
Hearing officer
Mr S J Probert
Mark
ESPIRIT
Classes
12
Applicants
Jit Singh Chohan
Opponents
Group Lotus Limited
Opposition
Sections 5(2)(b); 5(3) & 5(4)(a)

Result

Section 5(2)(b) - opposition failed

Section 5(3) - opposition failed

Section 5(4)(a) - opposition failed

Points Of Interest

Summary

The opposition was based on the opponents' registration of their mark ESPRIT, registered in Class 12 in respect of motor land vehicles. The Hearing Officer found that the marks were similar but the goods (bicycles and parts) were not. Accordingly, the Section 5(2)(b) objection failed. The evidence in support of the opponents' claim of reputation was insufficient for the purposes of Section 5(3); this also decided to matter under Section 5(4)(a).


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URL: http://www.bailii.org/uk/cases/UKIntelP/1998/o13898.html