UPWARDLY MOBIL

Northern Europeans may grow sluggish in the summer sun but Alicante, epicentre of the Community trade mark, remains busy. The most recent batch of OHIM Opposition Division decisions posted on OHIM’s website includes Mobil Oil Corporation’s successful attack Olaf Quilitz’s attempt to register a device mark including the words MOBIL’S & FUN for goods in Classes 9 (software and electronic apparatus) and 12 (apparatus for locomotion), goods for which Mobil had already registered one or more MOBIL-based trade mark. Mobil alleged (among other grounds) similar marks/identical goods and a likelihood of confusion under Regulation 40/94, Art.8(1)(b), as well as Art.8(5), in that Quilitz’s application was seeking to take unfair advantage of the repute or distinctive character of MOBIL, a mark possessing quite a reputation.

The Opposition Division found for Mobil on likelihood of confusion, finding the marks visually, phonetically and (in Germany, Denmark and Sweden) conceptually similar. Sadly, having reached this conclusion, the Opposition Division then sat back and declared that, if MOBIL’S & FUN wasn’t registrable because of Art.8(1)(b), there was no need to consider the Art. 8(5) point. Says the IPKat, “Apart from disappointing those of us who are craving some really good decisions on how Art.8(5) actually works, the refusal to consider the second ground could have messy consequences if (as is unlikely) the Quilitz appealed the Art.8(1)(b) point successfully before the Board of Appeal. Where would that leave the unconsidered Art.8(5) point?”

For things to do in Alicante if you’re not there fore the trade marks click here, here or here
Mobil’s recipe for a longer life here
Chocolate Obsession recipe from Georgia’s only Mobil Five Star restaurant here