Trade mark decision

BL Number

O/003/00

Decision date

11 January 2000

Hearing officer

Mr M Reynolds

Mark

TARTAN GLORY

Classes

33

Applicant

Frank Boyd

Opponent

Scotch Whisky Association

Opposition

Section 3(3)(b)

Result

Section 3(3)(b) - Opposition successful; application to be refused unless suitably limited.

Points Of Interest

• Registry practice in respect of "Scottish Marks".

Summary

The registration applied for was in respect of "Scotch Whisky, vodka, gin, spirits". In view of the mark's Scottish connotations the opponents sought either:- refusal in respect of 'spirits'; refusal in respect of 'whisky and alcoholic beverages containing whisky, unless Scotch Whisky or Scotch Whisky Liqueurs'; or total refusal. The Hearing Officer reviewed the matter in the light of the evidence and current Registry practice and ruled that the application be refused unless suitably amended.

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