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.

Full decision O/059/01 PDF document42Kb