Trade mark decision

BL Number

O/267/07

Decision date

13 September 2007

Hearing Officer

Mr G Salthouse

Mark

Geometric device TAKATA

Classes

12

Applicants

Takata Kabushiki Kaisha (also t/a Takata Corporation)

Opponents

Tata Motors Limited

Opposition

Section 5(2)(b)

Result

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

Points Of Interest

• See also BL 0/266/07

Summary

The opponent referred to four registrations in its opposition but two of the marks required “proof of use” and as this was not provided the two marks in question could not be taken into account. The other two marks were TATA INDICA and TATA SAFARI registered in Class 12 in respect of identical and similar goods as those of the applicant. Under Section 5(2)(b) the Hearing Officer had only to compare the respective marks and he had little difficulty in deciding that they were not confusingly similar and that the opposition failed.

Full decision O/267/07 54Kb