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United Kingdom Intellectual Property Office Decisions


You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> DRIVESMART (Trade Mark: Opposition) [2006] UKIntelP o32106 (9 November 2006)
URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o32106.html
Cite as: [2006] UKIntelP o32106

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DRIVESMART (Trade Mark: Opposition) [2006] UKIntelP o32106 (9 November 2006)

For the whole decision click here: o32106

Trade mark decision

BL Number
O/321/06
Decision date
9 November 2006
Hearing officer
Mr O Morris
Mark
DRIVESMART
Classes
12, 35, 36, 37
Applicants
Drivesmart Limited
Opponents
Smart GmbH
Opposition
Sections 5(2)(b) & 5(4)(a)

Result

Section 5(2)(b): Opposition largely successful. Section 5(4)(a): Opposition largely successful.

Points Of Interest

Summary

The opposition was based on a number of ‘SMART’ marks registered in various classes but notably in respect of motor vehicles.

Having compared the respective goods/services and the marks the Hearing Officer found a likelihood of confusion.

In the result the application was refused in respect of all the services in Classes 36 & 37 and some of the goods/service in Classes 12 & 35.

The opposition having for the most part been successful the Hearing awarded costs to the opponent.



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URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o32106.html