Trade mark decision

BL Number
O/151/08
Decision date
3 June 2008
Hearing Officer
Mr M Bryant
Mark
JAGUAR COURIERS
Classes
39
Applicants
Jaguar Couriers Limited
Opponents
Jaguar Cars Limited
Opposition
Sections 5(2)(b); 5(3) & 5(4)(a)

Result

Section 5(2)(b): Opposition successful. Section 5(3): No formal finding. Section 5(4)(a): No formal finding.

Points Of Interest

  • Comparison of the services; warehousing and distribution of vehicle parts similar to courier services.

Summary

The opposition was based on various JAGUAR marks, registered in respect of a number of services including in Class 39, “warehousing and distribution of vehicle parts”. The applicant’s specification was in respect of courier services.

The Hearing Officer found these respective services to be “…. if not identical at least at the very top end of similarity”. Having gone on to find that the respective marks shared “a high level of visual, aural and conceptual similarity” the Hearing Officer concluded that there existed a likelihood of confusion, and the Section 5(2)(b) opposition succeeded accordingly.

He did not go on to consider the opponent’s further objections under Sections 5(3) & 5(4)(a).

Full decision O/151/08 PDF document113Kb