Trade mark decision

BL Number

O/080/99

Decision date

16 March 1999

Hearing officer

Mr S J Probert

Mark

MOTORNET

Classes

16, 35, 36, 37

Applicant

Cendant Business Answers (Europe) Plc

Opponent

Bayerische Motoren Werke Aktiengesellschaft

Opposition

Sections 5(2)(b) & 5(3)**other grounds were raised but these were not pursued at the Hearing.

Result

Section 5(2)(b) - Opposition failed

Section 5(2)(b) - Opposition failed

Section 5(3) - Opposition failed

Section 5(3) - Opposition failed

Points Of Interest

• 1. Comparison of device marks, when in monochrome.
• 2. Admission of oral evidence in lieu of or in addition to written evidence.

Summary

The opposition was based on various registrations of the BMW roundel device. At the hearing it was conceded that the sole matter at issue was the similarity of the marks. In this, after some deliberation, and with some comments on the quality of the reproduction of the marks, the Hearing Officer concluded that the marks were not similar enough as to give victory of the opponents.

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URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o08099.html