Trade mark decision

BL Number

O/335/00

Decision date

7 September 2000

Hearing officer

Mr Geoffrey Hobbs QC

Mark

10 ROYAL BERKSHIRE POLO CLUB

Classes

03

Appellants (Applicants for Registration)

The Royal County of Berkshire Polo Club Ltd

Respondents (Opponents)

Polo Lauren Company LP

Appeal to the Appointed Person

Section 5(2)

Result

Appeal to Appointed Person sucessful

Points Of Interest

• The "semantic content" of the marks in issue was "insufficiently similar or analogous to give rise to the mistaken belief that the goods came from the same undertaking or economically-linked undertakings."

Summary

The Appointed Person found that there was no likelihood of confusion, and reversed the <sty decision-link> decision of the Registrar’s Hearing Officer. In particular he noted that the word POLO functioned as an adjective in the applicants’ mark and, most likely, as a noun in that of the opponents.

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URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o33500.html