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

• Bicycles and parts not similar to motor land vehicles.

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).

Full decision O/138/98 27Kb