Decision Nº O/0130/24 from Intellectual Property Office - (Trade market), 20 February 2024
| Court | Intellectual Property Office (United Kingdom) |
| Judge | Mr James Hopkins |
| Date | 20 February 2024 |
| Administrative Decision Number | O/0130/24 |
| Registration Number | UK00003641718, UK00003656205 |
O/0130/24
TRADE MARKS ACT 1994
IN THE MATTER OF APPLICATION NOS. 3641718 & 3656205
IN THE NAME OF
HONBIKE (HONG KONG) INTELLIGENT TECHNOLOGY LIMITED
TO REGISTER THE FOLLOWING TRADE MARKS:
Honbike
AND
IN CLASSES 9 & 12
AND
IN THE MATTER OF OPPOSITIONS THERETO
UNDER NOS. 427592 & 430453
BY HONDA MOTOR CO., LTD.
Page 2 of 64
Background and pleadings
1. On 14 May 2021, Honbike (Hong Kong) Intelligent Technology Limited (“the
applicant”)
1
applied to register the trade mark Honbike in the UK, under number
3641718 (“the first contested mark”). Details of the application were published for
opposition purposes on 16 July 2021. Registration is sought for the following goods:
Class 9: Batteries, electric; battery chargers; humanoid robots with artificial
intelligence; protective helmets; wearable activity trackers; wearable video
display monitors; computer software applications, downloadable; wearable
computers; quantity indicators; electronic numeric displays.
Class 12: Bicycles; baskets adapted for bicycles; electric bicycles; self-
balancing scooters; electric vehicles; water bottle holders for bicycles; electric
motor cycles; electrically powered scooters [vehicles]; bicycle saddles.
2. On 16 June 2021, the applicant applied to register the trade mark shown below in
the UK, under number 3656205 (“the second contested mark”).
3. It was published for opposition purposes on 22 October 2021. Registration is sought
for the following goods:
Class 9: Batteries, electric; battery chargers; protective helmets; computer
software applications, downloadable; battery boxes.
Class 12: Bicycles; baskets adapted for bicycles; electric bicycles; electrically-
powered motor scooters; bicycle saddles.
1
I note that the applications were originally made in the name of Honbike Inc. However, on 10
December 2021, the Registry received a request (by the filing of Form TM16s) to change the owner’s
name of the applications to the applicant. These changes were recorded by the Registry on 17
December 2021.
Page 3 of 64
4. On 18 October 2021 and 24 January 2022, respectively, the applications were
opposed by Honda Motor Co., Ltd. (“the opponent”) under sections 5(2)(b) and 5(3) of
the Trade Marks Act 1994 (“the Act”).
5. For the purposes of its claims under section 5(2)(b), the opponent relies upon the
following trade marks:
2
UK registration no. 2114482
Filing date: 1 November 1996
Registration date: 2 January 1998
(“the first earlier mark”)
UK registration no. 923880
Filing date: 17 April 1968
Registration date: 17 April 1968
(“the second earlier mark”)
UK registration no. 801391311
Filing date: 27 October 2016
Registration date: 3 August 2018
(“the third earlier mark”)
Honda e
UK registration no. 3373589
2
Comparable UK marks 801391311 and 904040069 created under Article 54 of the Withdrawal
Agreement by virtue of the opponent’s International Registration designating the EU number 1391311
and EUTM number 4040069 being protected/registered as at the end of the Implementation Period.
The comparable UK marks are now recorded on the UK trade mark register, have the same legal status
as if they had been applied for and registered under UK law, and retain their original filing dates.
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeStart Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
