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United Kingdom Intellectual Property Office Decisions |
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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> Q ELECTRIC VEHICLES LIMITED QEV QEV120 QEV70 QEV90 (Trade Mark: Opposition) [2007] UKIntelP o07507 (13 March 2007) URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o07507.html Cite as: [2007] UKIntelP o07507, [2007] UKIntelP o7507 |
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For the whole decision click here: o07507
Result
Cross-opposition failed; all applications to proceed to registration.
Points Of Interest
Summary
The cross-oppositions (which the Hearing Officer decided to treat as consolidated) arose from the circumstances surrounding a joint venture to design, manufacture and market a new range of electric vehicles, and from a dispute arising from a subsequent breakdown in the relationship between the parties to the intended joint venture.
Bluebird Automotive Limited’s (BAL) applications were opposed under Sections 3(6) and 5(4)(a). Q Electric Vehicles Limited’s (QVL) were opposed under Section 5(2)(b) and 5(4)(a).
A careful study of the evidence persuaded the Hearing Officer that BAL had not acted in bad faith in applying for the marks and QVL had not demonstrated a goodwill sufficient to oppose under Section 5(4)(a).
The effect of this finding was that BAL’s applications (the senior in date) could proceed to registration. The Hearing Officer then examined BAL’s case against QVL under Sections 5(2)(b). This failed because the marks were not similar and there would be no likelihood of confusion. Also, BAL had failed to demonstrate a goodwill.
Both oppositions failed, therefore, and all the applications would proceed to registration.
No award of costs was made.
