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

Full decision O/289/05 70Kb