Trade mark decision

BL Number
O/227/07
Decision date
13 August 2007
Hearing Officer
Mr M Foley
Mark
ENERGYSHOP
Classes
01, 04, 35, 36, 38, 39
Applicants
Energy Services Online Limited
Opponents
M3 & W Inc
Opposition
Section 5(2)(b) (Section 6(1)(c))

Result

Section 5(2)(b): Opposition failed.

Points Of Interest

  • Section 6(1)(c); well-known marks.

Summary

The opposition was based on two Canadian registrations, ENERGYSHOP and ENERGYSHOP.com. The Hearing Officer therefore had to assess the claim that these were ‘well-known’ marks in the terms of the Paris Convention or the WTO agreement concerning such marks. The evidence however failed to support such a claim and the opposition failed.

Full decision O/227/07 PDF document153Kb