Trade mark decision

BL Number

O/049/06

Decision date

14 February 2006

Hearing officer

Mr C Bowen

Mark

ONLINE GOLF.CO.UK

Classes

18, 25, 28

Applicant

SW Golf Limited

Opponent

Fairway of Course Ltd

Opposition

Sections 3(1)(b) & 3(1)(c)

Result

Opposition Section 3(1)(b); - successful.

Opposition Section 3(1)(c); - failed.

Points Of Interest

• 1. Domain names

Summary

The Hearing Officer, noting the device elements in the mark and the colours claimed, concluded that the mark could not be said to 'consist exclusively of…'. The Section 3(1)(c) objection was therefore dismissed. These elements however did not spare the mark from a finding that it was, taken as a whole, devoid of distinctive character. The opposition under Section 3(1)(b) succeeded accordingly.

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URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o04906.html