SMARTCARE - 222535

• Administrative Decision Number: 222535
• Date: 04 May 2004
• opponent: SMART GMBH
• Section: Trade Marks Act, 1996 - 2003-2007

1

TRADE MARKS ACT, 1996

Decision in Hearing

IN THE MATTER OF a request to amend a Notice of Opposition against an

application for registration of a Trade Mark.

GENERAL MOTORS ACCEPTANCE CORPORATION Applicant

SMART GMBH Opponent

The application

1. On 22 August, 2000, General Motors Acceptance Corporation, a corporation

organised and existing under the laws of the State of Delaware, United States of

America, of West Grand Boulevard and Cass Avenue, Detroit, Michigan 48202,

United States of America, made application (No. 2000/03106) to register the word

SMARTCARE as a trade mark in Classes 36 and 37 in respect of a specification

of services that was amended in the course of the examination of the application to

read as follows: Class 36 - “Insurances; financial services, namely automotive and

vehicle leasing services; life and disability insurance”; Class 37 – “Maintenance,

repair and servicing of motor vehicles and motor vehicle engines”.

2. The Application was accepted for registration and advertised accordingly under

No. 222535 in Journal No. 1942 on 15 May, 2002.

Notice of Opposition

3. Notice of Opposition to the registration of the mark pursuant to Section 43 of the

Act was filed on 13 August, 2002 by Micro Compact Car Smart GmbH of

Industriesstrasse 8, 71272 Renningen, Germany (now Smart GmbH of

Leibnitzstrasse 2, 71032 Böblingen, Germany). The Applicant filed a counter-

statement on 2 December, 2002.