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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 o36701 (17 August 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o36701.html
Cite as: [2001] UKIntelP o36701
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RADIO CITY (Trade Mark: Opposition) [2001] UKIntelP o36701 (17 August 2001)
For the whole decision click here: o36701
Trade mark decision
- BL Number
- O/367/01
- Decision date
- 17 August 2001
- Hearing officer
- Mr M Reynolds
- Mark
- RADIO CITY
- Classes
- 35, 38, 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 partially successful.
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. Under Section 5(2) the Hearing Officer found no likelihood of confusion in respect of the application in Classes 35 & 38, but considered that the Class 41 specification should be amended so as to avoid similar services. He found no case under Section 5(4)(a) and remarked that consideration of claims under Article 6 bis of the Paris Convention play no part in the common law considerations of Section 5(4); they are relevant to definition of earlier trade marks in Section 6(1)(c) and hence to Sections 5(1), 5(2) & 5(3).