Trade mark decision

BL Number

O/059/01

Decision date

2 February 2001

Hearing officer

Mr C Bowen

Mark

LANDROVER OWNER INTERNATIONAL

Classes

16

Applicant

EMAP National Publications Ltd

Opponent

Rover Group Limited

Opposition

Sections 1(1); 3(1); 3(3); 3(6); 5(2); 5(3); 5(4)(a) & 6(1)(c)

Result

Section 3(1) - Opposition dismissed

Section 3(3) - Opposition dismissed

Section 3(6) - Opposition dismissed

Section 6(1) - Opposition dismissed

Section 5(2)(b) - Opposition failed

Section 5(3) - Opposition failed

Section 5(4) - Opposition failed

Points Of Interest

• 1. Honest concurrent use

Summary

At the outset the Hearing Officer found the attack under Sections 1(1), 3(1); 3(3); 3(6) and 6(1)(c) as either misconceived or under particularised and dismissed them accordingly. Under Section 5(2)(b) the Hearing Officer found both the marks and the goods to be the same or similar but from the evidence of honest concurrent use concluded that there was no likelihood of confusion. The evidence of use likewise showed that detriment was unlikely. The opposition under Section 5(2), 5(3) and 5(4) failed accordingly.

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