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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> CITY DRINKER citydrinker.co.uk (Trade Mark: Opposition) [2003] UKIntelP o01203 (10 January 2003) URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o01203.html Cite as: [2003] UKIntelP o01203, [2003] UKIntelP o1203 |
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For the whole decision click here: o01203
Result
Section 5(2)(b) - Opposition failed
Points Of Interest
Summary
The opponents opposition was based on their ownership of registrations for the mark LA CITY in Classes 3, 9, 14, 18 and 25. This opposition concerned only Classes 9 and 25 of the applicants application.
After comparing the respective specifications the Hearing Officer was satisfied that the respective goods in Classes 9 and 25 were identical. In comparing the respective marks the Hearing Officer noted that the applicants mark was a composite one consisting of a number of elements, only one of which was the word CITY. While the opponents mark also contained the word CITY the Hearing Officer noted that this was the only area of similarity and that compared as wholes the respective marks were very different and not likely to be confused. Even taking into account that identical goods were at issue the Hearing Officer decided that there was no likelihood of confusion and that opposition thus failed under Section 5(2)(b).