Trade mark decision

BL Number
Decision date
14 October 2002
Hearing Officer
Mr M Reynolds
09, 14, 16, 18, 21, 25, 26, 28, 37, 38, 42
Lucent Technologies Inc
Lucent Lighting UK Limited
Sections 5(2)(b); 5(3) & 5(4)(a)


Section 5(2)(b) - Opposition partially successful.

Section 5(3) - Opposition failed.

Section 5(4)(a) - Opposition partially successful.

Points Of Interest


This was one of three related actions involving the same parties and heard on the same day, based on the opponents’ mark LUCENT and device, registered in Class 11. (See BL O/409/02 and BL O/411/02).

In this case the Hearing Officer found a close similarity between the marks, but his findings in respect of the goods/services were the same as in BL O/409/02 qv. Consequently, he found a likelihood of confusion in respect of a small area of services in Class 37 and the opposition under Section 5(2)(b) succeeded to that limited extent.

His findings in respect of the evidence of reputation were the same as in BL O/409/02 qv and the opposition under Section 5(3) failed accordingly.

Under Section 5(4)(a) the opponents were in no better a position than they were under Section 5(2)(b).

Full decision O/410/02 PDF document50Kb