Trade mark decision

BL Number
O/367/01
Decision date
17 August 2001
Hearing Officer
Mr M Reynolds
Mark
RADIO CITY
Classes
35, 38, 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 partially successful.

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. Under Section 5(2) the Hearing Officer found no likelihood of confusion in respect of the application in Classes 35 & 38, but considered that the Class 41 specification should be amended so as to avoid similar services. He found no case under Section 5(4)(a) and remarked that consideration of claims under Article 6 bis of the Paris Convention play no part in the common law considerations of Section 5(4); they are relevant to definition of earlier trade marks in Section 6(1)(c) and hence to Sections 5(1), 5(2) & 5(3).

Full decision O/367/01 PDF document22Kb