Trade mark decision

BL Number
O/289/05
Decision date
27 October 2005
Hearing Officer
Mr G Salthouse
Mark
CITY
Classes
25
Applicant
Union Leisurewear Limited
Opponent
La City (Societe a responsabilite Limitee)
Opposition
Section 5(2)(b)

Points Of Interest

  • 1. Comparison of the marks LA CITY v CITY.
  • 2. Honest Concurrent Use.

Summary

The opposition was based on international registrations of LA CITY in Class 25.

The Hearing Officer recorded his view that the opponent’s marks were inherently distinctive but in the absence of evidence of their use they could not benefit from an enhanced reputation. The goods were identical he found and, after a detailed assessment of the respective marks, he also found a likelihood of confusion.

Honest concurrent use had been claimed but the evidence for this was scant. Accordingly, the applicant could not rely on Section 7 and the opposition under Section 5(2)(b) therefore succeeded

Full decision O/289/05 PDF document70Kb