Trade mark decision

BL Number

O/339/02

Decision date

14 August 2002

Hearing Officer

Mr S P Rowan

Mark

DAKAR

Classes

04, 09, 12, 25, 28, 41

Applicant

Societe TSO

Opponent

Dakar Cars Limited

Opposition

Sections 3(1)(c) & 5(4)(a)*

Result

Section 3(1)(c) - Opposition failed.

Section 5(4)(a) - Opposition partially successful; specification reduced.

Points Of Interest

• See BL O/338/02

Summary

The opponents in this case were applicants in related proceedings, in which they were opposed by the present applicants (see BL O/338/02). The opponents’ mark was DAKAR 4x4.

The Hearing Officer dealt with the matter first under Section 3(1)(c). Here he found that the mark did not consist exclusively of "words or signs .... etc" since it was presented in a stylised script together with a device. This ground failed accordingly.

Under Section 5(4)(a) the Hearing Officer found that the opponents had established their case in respect of automobiles and he decided that the specification should be amended by the deletion of automobiles or any goods similar to automobiles. [This decision had a consequence in the related proceedings BL O/338/02 qv].

Full decision O/339/02 39Kb