Decision Nº O/249/16 from Intellectual Property Office - (Trade market), 19 May 2016
| Judge | Mr O Morris |
| Registration Number | UK00003085820 |
| Administrative Decision Number | O/249/16 |
| Date | 19 May 2016 |
| Court | Intellectual Property Office (United Kingdom) |
O-249-16
IN THE MATTER OF TRADE MARK APPLICATION 3085820
BY CASTROL LIMITED
TO REGISTER THE FOLLOWING TRADE MARK IN CLASSES 1 & 4:
ILOCUT
AND
OPPOSITION THERETO (NO. 404266) BY
FUCHS PETROLUB SE
2
Background and pleadings
1. The sole ground in these opposition proceedings is under section 5(2)(b) of the
Trade Marks Act 1994 (“the Act”). The conflict boils down to whether there is a
likelihood of confusion between the following two trade marks:
Applicant’s mark and relevant details
Opponent’s mark1 and relevant
details
ILOCUT
Class 1:
Coolants; chemical preparations
for inhibiting rust; preparations for treating
metal surfaces; anti-corrosive preparations;
preservatives against rust; emulsifiers;
degreasing preparations for use in industry
and manufacturing processes, grinding
preparations.
Class 4: Fuels in gas, liquid or solid form,
oils and greases for industrial use;
lubricants; cutting and grinding fluids and
oils.
Filed on 12 December 2014 and published
on 6 March 2015.
The applicant is Castrol Limited (“the
applicant”).
ECOCUT
Class 4:
Industrial oils and greases
as well as lubricants, all goods
exclusively for metalworking.
Filed on 6 June 2001, published on 25
March 2002 and registered on 12
September 2002. The registration
claims a UK seniority date of 28
March 1989 (no. 1377908).
The opponent is Fuchs Petrolub SE
(“the opponent”).
1 European Union Trade Mark (“EUTM”) 2246148
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