Trade mark decision

BL Number
O/231/08
Decision date
11 August 2008
Hearing Officer
Mrs A Corbett
Mark
GEEKS ON THE WAY
Classes
42
Applicants
The Geek Patrol Inc
Opponents
Geeks on Wheels Ltd
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

  • 1. Comparison of the marks GEEKS ON WHEELS v GEEKS ON THE WAY.
  • 2. Disclaimed elements.

Summary

The opposition was based on the CTM ‘GEEKS ON WHEELS, WE FIX COMPUTERS’ (stylised and colours claimed), in Classes 37, 38 & 42. The applicants had disclaimed the word GEEK; the opponents’ CTM however had no such disclaimer.

The services were identical; the Hearing Officer considered there was a ‘low level of similarity’ in the respective marks. Use thus far did not provide an enhanced level of distinctiveness for the opponents’ mark. Overall, the Hearing Officer found no likelihood of confusion and the Section 5(2)(b) objection failed.

The evidence of use of the earlier mark did not support the Section 5(3) objection and thus too failed.

The finding under Section 5(2)(b) had effectively decided the matter under Section 5(4)(a) since there would be no misrepresentation.

Full decision O/231/08 PDF document143Kb