Trade mark decision

BL Number

O/053/03

Decision date

19 February 2003

Appointed Person

Mr David Kitchin QC

Mark

UK LIVING

Classes

09, 16, 28, 38, 41

Applicants/Respondents

Flextech Television Limited

Opponents/Appellants

I.P.C. Magazines Limited

Opposition

Appeal to the Appointed Person in Opposition Proceedings

Result

Appeal partially successful.

Points Of Interest

• 1. Reversal of the Hearing Officer’s findings in respect of likelihood of confusion.
• 2. Comparison of goods/services “masthead publishing” : increasingly common
• 3. Costs in proceedings before the Appointed Person.

Summary

At first instances (see BL BL O/237/02) the Hearing Officer had found no likelihood of confusion, even where the goods were identical, in the clash between the applicants’ mark UK Living and the opponents’ mark LIVING. The appellants confined their opposition to goods in Classes 9 and 16 and services in Class 41. Having reviewed the matter the Appointed Person came to the view that the Hearing Officer had fallen into error in his assessment of the marks.

From this he went on to consider the consequences of this finding on the specification of goods and services. Having done so he found the appeal successful in relation to some of the goods in Classes 9 and 16; but he dismissed the appeal in relation to Class 41.

In view of the partial success of both sides, and in view of the reduction in the scope of the appeal, the Appointed Person directed that the original costs order be set aside, and he made no order as to costs in respect of the appeal.

Full decision O/053/03 33Kb