Trade mark decision
- BL Number
- O/321/06
- Decision date
- 9 November 2006
- Hearing Officer
- Mr O Morris
- Mark
- DRIVESMART
- Classes
- 12, 35, 36, 37
- Applicants
- Drivesmart Limited
- Opponents
- Smart GmbH
- Opposition
- Sections 5(2)(b) & 5(4)(a)
Result
Section 5(2)(b): Opposition largely successful. Section 5(4)(a): Opposition largely successful.
Points Of Interest
- Comparison of the marks SMART v DRIVESMART
Summary
The opposition was based on a number of ‘SMART’ marks registered in various classes but notably in respect of motor vehicles.
Having compared the respective goods/services and the marks the Hearing Officer found a likelihood of confusion.
In the result the application was refused in respect of all the services in Classes 36 & 37 and some of the goods/service in Classes 12 & 35.
The opposition having for the most part been successful the Hearing awarded costs to the opponent.
Full decision O/321/06 
141Kb
