Trade mark decision

BL Number

O/012/03

Decision date

10 January 2003

Hearing Officer

Mrs A Corbett

Mark

CITY DRINKER citydrinker.co.uk

Classes

09, 16, 25

Applicants

Christopher Paul Saunders & David Paul House T/A Citydrinker.co.uk

Opponents

LA City

Opposition

Section 5(2)(b)

Result

Section 5(2)(b) - Opposition failed

Points Of Interest

• None

Summary

The opponents opposition was based on their ownership of registrations for the mark LA CITY in Classes 3, 9, 14, 18 and 25. This opposition concerned only Classes 9 and 25 of the applicants application.

After comparing the respective specifications the Hearing Officer was satisfied that the respective goods in Classes 9 and 25 were identical. In comparing the respective marks the Hearing Officer noted that the applicants mark was a composite one consisting of a number of elements, only one of which was the word CITY. While the opponents mark also contained the word CITY the Hearing Officer noted that this was the only area of similarity and that compared as wholes the respective marks were very different and not likely to be confused. Even taking into account that identical goods were at issue the Hearing Officer decided that there was no likelihood of confusion and that opposition thus failed under Section 5(2)(b).

Full decision O/012/03 86Kb