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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> 19TH HOLE (Trade Mark: Opposition) [1998] UKIntelP o18198 (16 September 1998)
URL: http://www.bailii.org/uk/cases/UKIntelP/1998/o18198.html
Cite as: [1998] UKIntelP o18198
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19TH HOLE (Trade Mark: Opposition) [1998] UKIntelP o18198 (16 September 1998)
For the whole decision click here: o18198
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.