Trade mark decision

BL Number
O/308/01
Decision date
13 July 2001
Hearing Officer
Mr M Reynolds
Mark
SMART CARS PERRY
Classes
12
Registered Proprietor
Perry Group Plc
Application for Invalidity
Daimler Chrysler & Micro Compact Car Smart GmbH

Result

Section 47 based on Section 5(2)(b) - Invalidity action successful.

Points Of Interest

  • None

Summary

The opponents owned a prior Community trade mark consisting of the word SMART in lower case in Class 12 for identical goods. At the relevant date neither side had any use so the matter fell to be decided by comparing the respective trade marks. As SMART is clearly the dominant element in the applicants mark the Hearing Officer had little difficulty in deciding that the respective marks were confusingly similar and that there was a likelihood of confusion. Invalidity action successful.

Full decision O/308/01 PDF document41Kb