Iona Berkeley represented the Trade Mark Applicant, Wayve Technologies Ltd in this UK IPO Trade Mark Registry Opposition hearing. There were two trade mark applications in suit which were for the word mark “Wayve” in various goods and services in Classes 9 and 42 relating to autonomous vehicle computer software and vehicle transportation services. The Applications were opposed on the basis of objections under Section 5(2)(a), Section 5(3) and 5(4) of the Trade Marks Act 1994 by the owner of the earlier UK Trade Mark also for the word “Wayve” registered for various goods and services in Classes 9, 35, 41 and 42, including “providing temporary use of online non-downloadable software in the field of digital advertising”. The Opponent was required to prove use in relation to its earlier trade mark to rely upon it in the Opposition. The Applicant argued that the Opponent had failed to provide proper evidence of use of its mark in the requisite period. Further, the Applicant argued that the Opponent’s grounds of opposition under Section 5(2)(a), 5(3) and 5(4) should be dismissed. The Applicant also argued that (i) the Opponent’s evidence did not show use of the earlier trade mark by the proprietor of the earlier trade mark or use with its consent but could only amount to use by another corporate entity now dissolved and (ii) the Opponent did not have the required standing under Article 2 of The Trade Marks (Relative Grounds) Order 2007 to bring the opposition proceedings as it was not the true proprietor of the earlier trade mark or earlier right relied upon in the Opposition. The Hearing Officer determined that the Opponent had failed to prove use of its earlier trade mark and that, further, the Opposition failed on the Section 5(2)(a), Section 5(3) and 5(4) grounds relied upon. Further the Hearing Officer found that the Opponent did not have the required standing to bring the Opposition. The Hearing Officer therefore found that the Trade Mark Applications should proceed to registration.
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