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United Kingdom Intellectual Property Office Decisions


You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> ROYAL COUNTY OF BERKSHIRE POLO CLUB (Trade Mark: Opposition) [2002] UKIntelP o06802 (31 January 2002)
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o06802.html
Cite as: [2002] UKIntelP o06802, [2002] UKIntelP o6802

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ROYAL COUNTY OF BERKSHIRE POLO CLUB (Trade Mark: Opposition) [2002] UKIntelP o06802 (31 January 2002)

For the whole decision click here: o06802

Trade mark decision

BL Number
O/068/02
Decision date
31 January 2002
Hearing officer
Mr David Kitchin QC
Mark
ROYAL COUNTY OF BERKSHIRE POLO CLUB
Classes
33
Applicants/Respondents
Royal County of Berkshire Polo Club Limited
Opponents/Appellants
Polo/Lauren Company LP
Appeal to the Appointed Person against the decision of the Registrar’s Hearing Officer in Opposition proceedings (see SRIS O/317/01)

Result

Appeal dismissed

Points Of Interest

Summary

The Hearing Officer had found in favour of the opponents in respect of three out of the four marks in the series. The opponents appealed his decision in respect of the fourth mark. The opponents contended, inter alia, that the Hearing Officer had erred in placing too much reliance on the decision of the Appointed Person in a related, though different, case.

Mr Kitchin, however, noting the difficulty the Hearing Officer had had in deciding the matter, and confessing to the same difficulty himself, upheld the Hearing Officer’s decision. He, too, could not see how the average consumer could overlook the presence of the words ‘Royal County of Berkshire’ and ‘Club’ on the applicants’ mark. He considered that the word ‘POLO’ functioned as an adjective in the context of the mark. Appeal dismissed.



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URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o06802.html