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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> ONLINE GOLF.CO.UK (Trade Mark: Opposition) [2006] UKIntelP o04906 (14 February 2006)
URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o04906.html
Cite as: [2006] UKIntelP o4906, [2006] UKIntelP o04906
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ONLINE GOLF.CO.UK (Trade Mark: Opposition) [2006] UKIntelP o04906 (14 February 2006)
For the whole decision click here: o04906
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.