Trade mark decision

BL Number
Decision date
7 June 2002
Hearing Officer
Mr D Landau
09, 16
CDnow Inc
EMI Records Limited & Virgin Records Ltd
Section 5(2)(b)


Section 5(2)(b) - Opposition successful

Points Of Interest

  • None


The opponents opposition was based on their ownership of a UK trade mark registration in Class 9 for the mark NOW in respect of the same and similar goods to those of the applicant.

The applicants filed evidence in support of their application, to which the opponents responded, but the Hearing Officer considered that this evidence was not relevant to this decision under Section 5(2)(b).

In his consideration under Section 5(2)(b) the Hearing Officer noted that identical and similar goods were at issue in respect of the applicants Class 9 application and similar goods in respect of the applicants Class 16 application. In comparing the respective marks CDNOW and NOW the Hearing Officer considered that CD was a descriptive element where the goods were CD’s or CD related and in relation to other goods the NOW element of the applicants mark was the distinctive and dominant element. In short he considered the respective marks to be very similar and that the opponents were successful in their ground of opposition under Section 5(2)(b).

Full decision O/234/02 PDF document23Kb