Decision Nº O/367/04 from Intellectual Property Office - (Trade market), 14 December 2004
| Judge | Mr D Landau |
| Case Outcome | Section 3(6): - Opposition failed. Section 5(2)(b): - Opposition failed. Section 5(3): - Opposition failed. Section 5(4)(a): - Opposition failed. |
| Appellant | Exxonmobil Oil Corporation |
| Administrative Decision Number | O/367/04 |
| Date | 14 December 2004 |
| Registration Number | UK00002333704 |
| Court | Intellectual Property Office (United Kingdom) |
O-367-04
IN THE MATTER OF APPLICATION NO 2333704
BY CAPOCO DESIGN LIMITED
TO REGISTER THE TRADE MARK:
mobilicity
IN CLASSES 12 AND 39
AND
THE OPPOSITION THERETO
UNDER NO 92075
BY EXXONMOBIL OIL CORPORATION
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In the matter of application no 2333704
by Capoco Design Limited
to register the trade mark:
mobilicity
in classes 12 and 39
and the opposition thereto
under no 92075
by ExxonMobil Oil Corporation
BACKGROUND
1) On 31 May 2003 Capoco Design Limited, which I will refer to as Capoco, applied to
register the trade mark mobilicity, the trade mark. The application was published for
opposition purposes in the “Trade Marks Journal” on 25 July 2003 with the following
specification:
vehicles, land air or water
transport, travel services
The above goods and services are in classes 12 and 39 respectively 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.
2) On 27 October 2003 ExxonMobil Oil Corporation, which I will refer to as Exxon, filed
a notice of opposition to the application. Exxon is the owner of the following
Community trade mark registrations:
• No 79806 for the trade mark MOBIL. It is registered for:
plastic materials for wrapping and packaging such as plastics film, foil or sheet
including plastic film for packing and for office or domestic use; newspapers and
periodicals; printed matter; and instructional and teaching material (except
apparatus);
plastics goods or synthetic resins, including polyethylene products and plastics in
extruded form for use in manufacture such as plastics film (including plastics film
not for packaging), foil, rod, block, tube (including thin plastics, foils not for
packaging) or sheet (non-textile); and plastics materials and foils for further
manufacturing;
services relating to the packaging of goods.
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The above goods and services are in classes 16, 17 and 39 respectively 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.
• No 82412 for the trade mark MOBIL. It is registered for:
all services in class 36, including credit card, debit card, charge card, purchase
authorisation card, discount card and cash card service; financing of purchases;
electronic funds-transfer and cash dispensing services; services relating to the
issue of statement of account and analysis for all the aforesaid services; payment
processing; financial clearing services;
all services in class 37, including motor vehicle servicing, maintenance and
repair; motor vehicle greasing and lubrication; motor vehicle cleaning and
polishing; motor vehicle wash; anti-rust treatment for motor vehicles; painting of
motor vehicles; tyre fitting and puncture repair; vehicle service station services,
including filling services;
all services in class 41, including organising of sports and entertainment
competitions;
verification of the identity of a person in conjunction with financial matters such
as credit services.
The above services are in classes 36, 37, 41 and 42 respectively 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.
• No 82453 for the trade mark MOBIL. It is registered for:
all goods in class 1, including chemical products for use in industry and science,
all being petroleum products or derivatives; sizing agents, dessicants,
plasticisers, defoamants, wax emulsions, diluents for epoxy resins and coatings
(not in the nature of paints), fire extinguishing compositions, all being chemical
products for use in industry; chemical products included in class 1 for use in
agriculture, horticulture and forestry; manures; tempering substances and
chemical preparations for soldering and for use in metal working; tanning
substances and chemical substances for the treatment of skins and of leather;
adhesive substances for use in industry; unprocessed plastics in the form of
pastes, liquids, dispersions, emulsions and granulates, including polyethylene and
polyethylene glycol, synthetic resins, hydraulic fluids, automatic transmission
fluids, brake fluids and additives for fuels; chemical preparations for use as
coolants and anti-freezing and icing preparations;
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