Trade mark decision

BL Number
O/163/02
Decision date
12 April 2002
Hearing Officer
Mr M Reynolds
Mark
ZEE PREMIERE
Classes
16, 41
Applicant
Asia TV Limited
Opponent
Hachette Filipacchi Presse
Opposition
Sections 5(2)(b); 5(3) & 5(4)(a)

Result

Section 5(2)(b): - Opposition successful.

Section 5(3): - Opposition failed.

Section 5(4)(a): - No formal finding.

Points Of Interest

  • 1. Comparison of the marks PREMIERE v PREMIERE (and other, small elements)

Summary

The opponents were proprietors of registrations of PREMIERE in Classes 16 and 41, in relation of publications/publishing of matter related to the cinema. The applicants’ specifications were in respect of the same goods/services, but directed towards "Asian lifestyle and fashion". These, the Hearing Officer considered were "at the least, closely similar." Comparing the marks the Hearing Officer found them to be similar and concluded that a likelihood of confusion existed. The opposition under Section 5(2)(b) succeeded accordingly.

The Section 5(3) objection failed (because the goods/services were similar, and the Hearing Officer made no finding under Section 5(4)(a)

Full decision O/163/02 PDF document22Kb