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(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.

Full decision O/080/99 405Kb