Decision Nº O/195/14 from Intellectual Property Office - (Trade market), 30 April 2014

CourtIntellectual Property Office (United Kingdom)
JudgeMr G Salthouse
Registration NumberUK00002634664
O-195-14
IN THE MATTER OF APPLICATION No. 2634664
BY TESLACAB
TO REGISTER THE TRADE MARK
TESLACAB
IN CLASSES 9, 13, 35, 36, 39 & 41
AND
IN THE MATTER OF OPPOSITION
THERETO UNDER No. 104369 BY
TESLA MOTORS INC.
2
BACKGROUND
1) On 13 September 2012 Teslacab (hereinafter the applicant) applied to register the
trade mark TESLACAB in respect of the following goods and services:
In Class 9: Scientific, nautical, surveying, photographic, cinematographic, optical,
weighing, measuring, signalling, checking (supervision), life-saving and teaching
apparatus and instruments; apparatus and instruments for conducting, switching,
transforming, accumulating, regulating or controlling electricity; apparatus for
recording, transmission or reproduction of sound or images; magnetic data
carriers, recording discs; compact discs, DVDs and other digital recording media;
mechanisms for coin-operated apparatus; cash registers, calculating machines,
data processing equipment, computers; computer software; fire-extinguishing
apparatus.
In Class 12: Vehicles; apparatus for locomotion by land, air or water;
wheelchairs; motors and engines for land vehicles; vehicle body parts and
transmissions.
In Class 35: Advertising; business management; business administration; office
functions; electronic data storage; organisation, operation and supervision of
loyalty and incentive schemes; advertising services provided via the Internet;
production of television and radio advertisements; accountancy; auctioneering;
trade fairs; opinion polling; data processing; provision of business information;
retail services connected with the sale of vehicles and computer software.
In Class 36: Insurance; financial services; real estate agency services; building
society services; banking; stockbroking; financial services provided via the
Internet; issuing of tokens of value in relation to bonus and loyalty schemes;
provision of financial information.
In Class 39: Transport; packaging and storage of goods; travel arrangement;
distribution of electricity; travel information; provision of car parking facilities.
In Class 41: Education; providing of training; entertainment; sporting and cultural
activities.
2) The application was examined and accepted, and subsequently published for
opposition purposes on 19 October 2012 in Trade Marks Journal No. 6962.
3) On 18 January 2013, Tesla Motors Inc. (hereinafter the opponent) filed a notice of
opposition. The grounds of the oppositions are in summary:
a) The opponent is the proprietor of the following trade marks:

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