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United Kingdom Intellectual Property Office Decisions
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LAZEY BONEZ ZZZZ (Trade Mark: Opposition) [2002] UKIntelP o18302 (29 April 2002)
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o18302.html
Cite as:
[2002] UKIntelP o18302
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LAZEY BONEZ ZZZZ (Trade Mark: Opposition) [2002] UKIntelP o18302 (29 April 2002)
For the whole decision click here: o18302
Trade mark decision
- BL Number
- O/183/02
- Decision date
- 29 April 2002
- Hearing officer
- Mr M Reynolds
- Mark
- LAZEY BONEZ ZZZZ
- Classes
- 18, 20, 24, 25
- Applicant
- Mr T Ball
- Opponent
- LZB Properties Inc
- Opposition
- Sections 5(2)(b); 5(3) & 5(4)(a)
Result
Section 5(2)(b): - Opposition failed.
Section 5(4)(a): - Opposition failed.
Points Of Interest
-
1. Comparison of the marks LAZYBONZZZ v LAZY BOY, LA-Z-BOY, LA-Z-BOY & LA-Z
Summary
The opposition was based on registrations of the marks LAZY BOY (in various formats) and LA-Z, all in Class 20 and in respect of furniture. The Hearing Officer found that whilst the opponents’ trade was largely based on a single product (namely a sophisticated reclining chair), the respective specification covered identical goods. Comparing the marks, however and despite finding "certain similarities in the marks", the Hearing Officer found no likelihood of confusion "when all relevant considerations (were) factored into the equation as part of the global test".
The Section 5(2)(b) objection failed therefore, and no issues arose which were capable of yielding a more favourable result under Section 5(4)(a)