Trade mark decision

BL Number
O/183/02
Decision date
29 April 2002
Hearing Officer
Mr M Reynolds
Mark
LAZEY BONEZ ZZZZ
Classes
18, 20, 24, 25
Applicant
Mr T Ball
Opponent
LZB Properties Inc
Opposition
Sections 5(2)(b); 5(3) & 5(4)(a)

Result

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

Section 5(4)(a): - Opposition failed.

Points Of Interest

  • 1. Comparison of the marks LAZYBONZZZ v LAZY BOY, LA-Z-BOY, LA-Z-BOY & LA-Z

Summary

The opposition was based on registrations of the marks LAZY BOY (in various formats) and LA-Z, all in Class 20 and in respect of furniture. The Hearing Officer found that whilst the opponents’ trade was largely based on a single product (namely a sophisticated reclining chair), the respective specification covered identical goods. Comparing the marks, however and despite finding "certain similarities in the marks", the Hearing Officer found no likelihood of confusion "when all relevant considerations (were) factored into the equation as part of the global test".

The Section 5(2)(b) objection failed therefore, and no issues arose which were capable of yielding a more favourable result under Section 5(4)(a)

Full decision O/183/02 PDF document22Kb