Trade Mark Decision
O-285-03 TRADE MARKS ACT 1994 APPLICATION No 2232483 BY VIRGIN OIL LIMITED TO REGISTER THE TRADE MARK SHOWN BELOW IN CLASSES 4 & 7 AND OPPOSITION TO THE REGISTRATION BY VIRGIN ENTERPRISES LIMITED UNDER No 51714 Background 1. On 11 May 2000, Virgin Oil Limited applied to register the trade mark shown above in Classes 4 and 7. The applicant seeks to register the mark in the colours shown on the application form, that is with the letters in shades of colour graduating from black to orange and yellow. The effect of the application of colour to the letters is not striking and, in my view, nothing turns on this. 2. The amended specification of goods is:- Class 04 Industrial oils and greases, engineering oils, technical oils, lubricating oils, being hydraulic oils, lubricating oils for petrol/diesel engines, automotive engine oils, motor oils, gear oils, fuel oils, fuels derived from oil. Class 07 Air filters, for lubrication machines for motors, trucks, filters, being parts of engines, filters being parts of machines, filters for cleaning lubricating oils in engines, filters for industrial purposes and for cleaning lubricating oils, filters for lubricants, filters for machines, fuel filters, oil filters, reversible flow filters. 3. The application was accepted and published for opposition purposes. On 13 November 2000, Virgin Enterprises Limited filed Notice of Opposition. 4. The grounds of opposition, in summary, are that: (i) the opponent is the proprietor of over 130 UK trade mark registrations consisting of, or containing, the word VIRGIN;
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