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United Kingdom Intellectual Property Office Decisions
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CITY (Trade Mark: Opposition) [2005] UKIntelP o28905 (27 October 2005)
URL: http://www.bailii.org/uk/cases/UKIntelP/2005/o28905.html
Cite as:
[2005] UKIntelP o28905
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CITY (Trade Mark: Opposition) [2005] UKIntelP o28905 (27 October 2005)
For the whole decision click here: o28905
Trade mark decision
- BL Number
- O/289/05
- Decision date
- 27 October 2005
- Hearing officer
- Mr G Salthouse
- Mark
- CITY
- Classes
- 25
- Applicant
- Union Leisurewear Limited
- Opponent
- La City (Societe a responsabilite Limitee)
- Opposition
- Section 5(2)(b)
Points Of Interest
-
1. Comparison of the marks LA CITY v CITY.
-
2. Honest Concurrent Use.
Summary
The opposition was based on international registrations of LA CITY in Class 25.
The Hearing Officer recorded his view that the opponent’s marks were inherently distinctive but in the absence of evidence of their use they could not benefit from an enhanced reputation. The goods were identical he found and, after a detailed assessment of the respective marks, he also found a likelihood of confusion.
Honest concurrent use had been claimed but the evidence for this was scant. Accordingly, the applicant could not rely on Section 7 and the opposition under Section 5(2)(b) therefore succeeded