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

• 1. Adjectival use of a word is distinguishable from use of the same word as a noun and the resulting difference of perception may be sufficient to preclude a likelihood of confusion.

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.