Trade mark decision

BL Number
Decision date
30 October 2008
Hearing Officer
Mr M Bryant
James Leonard Miller
Societe D’Exploitation Radio Chic
Sections 5(2)(b) & 56


Section 5(2)(b): Opposition failed. Section 56: Opposition failed.

Points Of Interest

  • There had been proceedings before OHIM involving these two parties and the opponent was successful. However, the Hearing Officer did not find this fact, on its own, persuasive.


The opponent’s opposition was based on its ownership of the Community Trade Mark FUN RADIO & device covering a range of services in Class 41. It filed evidence of use in relation to radio broadcasting and some associated activities and taking account of the “proof of use” provisions, only such services were taken into account in these proceedings. The applicant’s services are “Entertainment provided by way of family amusement centres”.

Under Section 5(2)(b) the Hearing Officer found only a low level of similarity between the respective services and, in view of the descriptive nature of the word FUN, concluded that the respective marks were similar to only a small degree. He went on to decide that confusion was unlikely and that opposition failed on the Section 5(2)(b) ground.

As regards the ground under Section 56 the Hearing Officer believed the opponent’s case was weak in view of his findings under Section 5(2)(b). Opposition also failed on this ground.

Full decision O/296/08 PDF document108Kb