Decision Nº O/593/15 from Intellectual Property Office - (Trade market), 17 December 2015
| Judge | Mrs J Pike |
| Date | 17 December 2015 |
| Administrative Decision Number | O/593/15 |
| Registration Number | UK00003065067 |
O-593-15
TRADE MARK APPLICATION NO. 3065067
FOR THE TRADE MARK
ASTON HILL
IN CLASSES 35, 37 AND 41
BY ASTON HILL LIMITED
AND
THE OPPOSITION THERETO
UNDER NO. 403244
BY ASTON MARTIN LAGONDA LIMITED
Background and pleadings
1. Aston Hill Limited (“the applicant”) applied for the trade mark ASTON HILL on 21
July 2014 for services in classes 35, 37 and 41:
Class 35: Retail services, on-line retail services and mail order retail services
connected with the sale of motor vehicles and parts thereof.
Class 37: Repair, maintenance and cleaning of motor vehicles.
Class 41: Organising and hosting sporting activities relating to motor vehicles or the
driving of motor vehicles; providing training in respect of the driving of motor
vehicles.
2. The application was published on 15 August 2015 and was subsequently
opposed by Aston Martin Lagonda Limited (“the opponent”). It bases its opposition
under sections 5(2)(b) and 5(3) of the Trade Marks Act 1994 (“the Act”) on the
following services registered under its earlier Community trade mark 8367815
ASTON MARTIN:
Class 35: Advertising; marketing; publicity services; business management;
business administration; office functions; retail services connected with the sale of
land, water and air vehicles; apparatus for locomotion by land, air or water; engines;
boats, yachts, beauty products, toiletries, machines for household use, hand tools,
optical goods, cameras, domestic electrical and electronic equipment, including
white goods, jewellery, clocks, watches, stationery, publications, leather goods,
luggage, furniture, household containers and utensils, furnishings, textiles, clothing,
footwear, headwear, haberdashery, toys and games, sports equipment, foodstuffs,
drinks, tobacco products, sporting goods, kitchen utensils and equipment, household
linens, artificial plants and trees, glassware, porcelain and earthenware, household
paper products, laundry preparations, soaps and cleaning products, cosmetics,
personal care products, pharmaceutical preparations, vitamins, nutritional
supplements, gardening products and equipment, pet food and pet care products,
power and hand tools, automotive goods and gasoline, household and outdoor
furniture, office furniture and equipment, computers and computer peripherals,
computer software and hardware, small and major appliances, compact discs and
DVDs, consumer electronics, batteries, luggage, jewellery, watches, clocks,
entertainment tickets, holiday ornaments and decorations, and parts and fittings for
the aforesaid goods; the bringing together for the benefit of others of a variety of
business, financial, real estate, insurance, telecommunication, travel, ticketing and
reservation services; consultancy and information services relating to all the
aforesaid.
Class 37: Building construction; repair; installation services; construction, repair and
maintenance of land, water and air vehicles, engines and parts and fittings for the
aforesaid goods; consultancy and information services relating to all the aforesaid.
Class 41: Education; providing of training; entertainment; sporting and cultural
activities; publishing services; Educational services, health club facilities, instruction
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