Decision Nº O/033/05 from Intellectual Property Office - (Trade market), 3 February 2005
| Judge | Mr D Landau |
| Case Outcome | Section 5(2)(b) - Opposition successful |
| Appellant | Lister-Petter limited |
| Date | 03 February 2005 |
| Administrative Decision Number | O/033/05 |
| Registration Number | UK00002323171 |
| Court | Intellectual Property Office (United Kingdom) |
O-033-05
IN THE MATTER OF APPLICATION NO 2323171
BY A J POWER LIMITED
TO REGISTER THE TRADE MARK:
IN CLASS 7
AND
THE OPPOSITION THERETO
UNDER NO 92055
BY
LISTER-PETTER LIMITED
2 of 16
In the matter of application no 2323171
by A J Power Limited
to register the trade mark:
in class 7
and the opposition thereto
under no 92055
by Lister-Petter Limited
BACKGROUND
1) On 8 February 2003 A J Power Limited, which I will refer to as AJP, applied to
register the above trade mark (the trade mark). It proceeded to publication on the
basis of a letter of consent supplied by Lister-Petter Limited, which I will refer to as
LPL. The application was published for opposition purposes in the “Trade Marks
Journal” on 18 July 2003 with the following specification:
generating sets, diesel and gas-powered generating sets; parts and fittings for all the
aforesaid goods.
The above goods are in class 7 of the Nice Agreement concerning the International
Classification of Goods and Services for the Purposes of the Registration of Marks of
15 June 1957, as revised and amended. The publication advised that AJP claims the
colour indigo as an element of the trade mark.
2) On 17 October 2003 LPL filed a notice of opposition. LPL is the owner of the
following trade marks:
• United Kingdom trade mark registration no 1042411A of the trade mark
LISTER. It is registered for the following goods:
agricultural machines; but not including animal shearing and clipping
machines, machinery and equipment, sheep shearing machines, machinery
and equipment, grinding machines, horse and cattle clipping machinery,
grinding and cutting machines, hair combing and cutting machines for
animals, sharpening and polishing machines, cutting tool for hair cutting
animals; water pumps for agricultural, industrial or domestic use; electric
current generators; and parts included in class 7, of all the aforesaid goods.
The above goods are in class 7 of the Nice Agreement concerning the
International Classification of Goods and Services for the Purposes of the
Registration of Marks of 15 June 1957, as revised and amended.
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