Trade mark decision

BL Number
O/199/01
Decision date
26 April 2001
Hearing Officer
Mr A James
Mark
FLYING HORSE
Classes
14, 18, 25, 28, 29, 30, 32, 33
Applicant
Altmuhltaler Heilquellen GmbH
Opponent
Mobil Oil Corporation
Opposition
Sections 3(6); 5(3) & 5(4)(a)

Result

Section 3(6): - Opposition partially successful.

Section 5(3): - Opposition failed.

Section 5(4)(a): - Opposition failed.

Points Of Interest

  • 1. Use "in relation to" the goods.
  • 2. Fields of activity.
  • 3. Bona Fide intention to use.

Summary

The opposition was based on the opponents’ use and registrations of their mark, consisting of the device of a winged horse. Dealing with the matter under Section 5(4)(a) the Hearing Officer concluded that given the different fields of activity and the mere similarity of the marks there was no likelihood of confusion or deception. The opposition under Section 5(4)(a) failed. The opposition failed also under Section 5(3) but partially succeeded under Section 3(6), in that the applicants had not shown any intention to use the mark in respect of the full range of the goods specified in their applications.

Full decision O/199/01 PDF document65Kb