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 PDF document27Kb