Trade mark decision

BL Number

O/181/98

Decision date

16 September 1998

Hearing officer

Mr G Salthouse

Mark

19TH HOLE

Classes

33

Applicants

Michael Owen O'Donnell t/a Kerfoot Industries

Opponents

Matthew Gloag & Son Ltd

Opposition

Section 1(1), 3(1)(a), 3(3)(b), 3(6) & 5(4)(a)

Result

Section 1(1) - opposition failed

Section 3(1)(a) - opposition failed

Section 3(3)(b) - opposition failed

Section 3(6) - opposition failed

Section 5(4)(a) - opposition failed

Points Of Interest

• None.

Summary

The opposition was principally based on the opponents’ use of the mark 19th HOLE in connection with drinks and refreshments provided in the hospitality tents at the Open Golf Championship. The Hearing Officer quickly dismissed the objections under Section 1(1), 3(1)(a); 3(3)(b) and 3(6). The Hearing Officer was not convinced from the evidence that the public would be any way deceived or misled such as to make a connection between the applicants whiskey and the opponents' hospitality tent. No misrepresentation would take place. Hence the Section 5(4)(a) objection failed also.

---

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/uk/cases/UKIntelP/1998/o18198.html