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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> KING COLE (Trade Mark: Opposition) [2001] UKIntelP o46801 (25 October 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o46801.html
Cite as: [2001] UKIntelP o46801
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KING COLE (Trade Mark: Opposition) [2001] UKIntelP o46801 (25 October 2001)
For the whole decision click here: o46801
Trade mark decision
- BL Number
- O/468/01
- Decision date
- 25 October 2001
- Hearing officer
- Dr W J Trott
- Mark
- KING COLE
- Classes
- 03, 08, 09, 16, 18, 21, 25, 28, 32, 41
- Applicant
- Joe Cole
- Opponent
- Andrew Cole Enterprises Limited
- Opposition
- Sections 3(6) & 5(4)(a)
Result
Section 3(6) - Opposition failed
Section 5(4)(a) - Opposition failed
Points Of Interest
- See also identical decision under BL O/467/01
Summary
The opponents are the company of Mr Andrew Cole a well known footballer, who plays for Manchester United, having played previously for Newcastle United. Mr Cole has a reputation as a goal scorer and over the years has been referred to in Newspapers etc as KING COLE and NET KING COLE. However, to sustain an objection under Section 5(4)(a) - Passing Off - the opponent must show a reputation and goodwill in the relevant area of trade and in this regard the Hearing Officer concluded from the evidence that no such goodwill existed. The opponents thus failed on this ground.
Under Section 3(6) the Hearing Officer accepted that the applicant might have been aware of the nick-names of Mr Andrew Cole but there is no evidence that Mr Cole claimed ownership of it or that he wished to use it in trade. Indeed all use by Mr Andrew Cole in sponsorship deals etc had been of his own name. The opponents failed on this ground.