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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> ROYAL COUNTRY OF BERKSHIRE POLO CLUB (Trade Mark: Opposition) [2001] UKIntelP o31701 (24 July 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o31701.html
Cite as: [2001] UKIntelP o31701
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ROYAL COUNTRY OF BERKSHIRE POLO CLUB (Trade Mark: Opposition) [2001] UKIntelP o31701 (24 July 2001)
For the whole decision click here: o31701
Trade mark decision
- BL Number
- O/317/01
- Decision date
- 24 July 2001
- Hearing officer
- Mr G Salthouse
- Mark
- ROYAL COUNTRY OF BERKSHIRE POLO CLUB
- Classes
- 03
- Applicant
- Royal County of Berkshire Polo Club Ltd
- Opponent
- The Polo/Lauren Company L.P.
- Opposition
- Sections 5(2)(b) & 5(4)(a)
Result
Section 5(2)(b): - No formal finding.
Section 5(4)(a): - Opposition partially successful.
Points Of Interest
- 1. The comparison of the marks.
- 2. Hearing Officer’s rejection of the contention that beyond a certain point the fame and repute of mark reduces the likelihood of confusion.
Summary
[The opposition was based on registrations of the word POLO and/or the device of a mounted polo player, and was related to earlier oppositions (see BL O/335/00 and BL O/423/00)]
The Hearing Officer dealt with the matter first under Section 5(4)(a). In this he found the opposition successful in respect of three marks in the series applied for, and unsuccessful in the case of the fourth mark. He remarked that his decision under Section 5(2) would have been no different.