Trade mark decision

BL Number
O/366/01
Decision date
17 August 2001
Hearing Officer
Mr M Reynolds
Mark
RADIO CITY
Classes
09, 41
Applicant
Emap Performance Limited
Opponent
Radio City Trademarks LLC
Opposition
Sections 5(2)(a); 5(2)(b) & 5(4)(a)

Result

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

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

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

Points Of Interest

  • None

Summary

The opposition was based on the opponents’ marks RADIO CITY, and RADIO CITY ROCKETTES registered in Class 25 and 41. The Hearing Officer could see no obvious point of similarity between the opponents’ goods and services and the applicants’ goods in Class 9; he dismissed the opposition in respect of that Class. The services in Class 41 required closer consideration but here again the Hearing Officer could see no likelihood of confusion. Under Section 5(4)(a) the Hearing Officer could find no evidence of a protectable goodwill in the UK.

Full decision O/366/01 PDF document13Kb