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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> RADIO CITY (Trade Mark: Opposition) [2001] UKIntelP o36601 (17 August 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o36601.html
Cite as: [2001] UKIntelP o36601
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RADIO CITY (Trade Mark: Opposition) [2001] UKIntelP o36601 (17 August 2001)
For the whole decision click here: o36601
Trade mark decision
- BL Number
- O/366/01
- Decision date
- 17 August 2001
- Hearing officer
- Mr M Reynolds
- Mark
- RADIO CITY
- Classes
- 09, 41
- Applicant
- Emap Performance Limited
- Opponent
- Radio City Trademarks LLC
- Opposition
- Sections 5(2)(a); 5(2)(b) & 5(4)(a)
Result
Section 5(2)(a): - Opposition failed.
Section 5(2)(b): - Opposition failed.
Section 5(4)(a): - Opposition failed.
Points Of Interest
- None
Summary
The opposition was based on the opponents’ marks RADIO CITY, and RADIO CITY ROCKETTES registered in Class 25 and 41. The Hearing Officer could see no obvious point of similarity between the opponents’ goods and services and the applicants’ goods in Class 9; he dismissed the opposition in respect of that Class. The services in Class 41 required closer consideration but here again the Hearing Officer could see no likelihood of confusion. Under Section 5(4)(a) the Hearing Officer could find no evidence of a protectable goodwill in the UK.