Trade marks and the likelihood of confusion

Enterprise Rent-A-Car Co v Eurodrive Car Rental Ltd, Chancery Division, 2 March 2005

The appellant company (E) appealed from a decision of the Trade Marks Registry dismissing its opposition to the trade mark applications of the respondent (X). X had applied to register a number of marks, containing a cursive ‘E’, for vehicle rental services. E, the owner of a large number of registered trade marks bearing an ‘E’, for identical services, opposed the applications under ss5(2)(b) and 5(3) of the Trade Marks Act 1994. The hearing officer dismissed E’s opposition. E contended that the hearing officer (1) had downgraded the significance of the fact that its device marks contained a stylised ‘E’, which X’s applications also contained; and (2) when considering the s5(3) opposition, had concentrated on whether or not there was a likelihood of confusion, which was not relevant for s5(3).