Trade mark decision

BL Number

O/363/06

Decision date

13 December 2006

Hearing Officer

Mr A James

Mark

3D mark (Device of a computer mouse on wheels)

Classes

36

Applicants

Esure Insurance Limited

Opponents

Direct Line Insurance Plc

Opposition

Sections 5(2)(b), 5(3) & 5(4)(a)

Result

Section 5(2)(b): Opposition successful. Section 5(3): Opposition successful. Section 5(4)(a): No formal finding.

Points Of Interest

• In the course of the three day hearing the following were covered:
• Survey Evidence
• Cross-examination of witnesses.
• Status of a ‘Registrar’s Preliminary Indication’ issued under Rule 13(b)(4)(a): “preliminary opinions are not subject to appeal and parties are not entitled to be heard before such an opinion is issued.”

Summary

The opposition was based on the opponents’ mark, a telephone on wheels, registered in respect of identical or similar services, principally insurance services.

In the result the Hearing Officer found the opposition to have succeeded under Sections 5(2)(b) and 5(3). He did not go on to make a finding under Section 5(4)(a) and he postponed a decision on costs pending receipt of written submissions on the matter.

Full decision O/363/06 221Kb