Trade mark decision

BL Number: O/368/04
Decision date: 14 December 2004
Hearing Officer: Mr D Landau
Mark: MOBILICITY
Classes: 12, 39
Applicant: Capoco Design Limited
Opponent: Exxonmobil Oil Corporation
Opposition: Section 5(2)(b)

Result

Points Of Interest

1. Statement of grounds of opposition : scope of the attack.
2. Amendment of pleadings; inherent jurisdiction to allow.

Summary

In dealing with the opposition to this application (see BL O/367/04) the Hearing Officer questioned the scope of the objections under Section 5(2)(b), giving as his view that the pleadings did not include an attack on the Class 12 specification. He also refused to allow an amendment to the pleadings.

A TM5 was filed asking for a statement of the Hearing Officer’s grounds for holding this view and for his refusal of the amendment. This decision, which is supplementary to BL O/367/04, sets out the requisite statement.

Full decision O/368/04 17Kb