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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> POLO CLUB SAINT TROPEZ HARAS DE GASSIN DE GASSIN Device of a Horse Rider in a Circular Border (Trade Mark: Opposition) [2007] UKIntelP o29207 (4 October 2007)
URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o29207.html
Cite as: [2007] UKIntelP o29207
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POLO CLUB SAINT TROPEZ HARAS DE GASSIN DE GASSIN Device of a Horse Rider in a Circular Border (Trade Mark: Opposition) [2007] UKIntelP o29207 (4 October 2007)
For the whole decision click here: o29207
Trade mark decision
- BL Number
- O/292/07
- Decision date
- 4 October 2007
- Hearing officer
- Mrs A Corbett
- Mark
- POLO CLUB SAINT TROPEZ HARAS DE GASSIN DE GASSIN & Device of a Horse & Rider in a Circular Border
- Classes
- 25, 28, 41
- Applicants
- Polo Club
- Opponents
- Commune De Saint-Tropez
- Opposition
- Section 5(2)(b)
Result
Section 5(2)(b): Opposition failed.
Points Of Interest
- Copies of French decisions involving the same two parties were filed in these proceedings but were given little weight by the Hearing Officer
Summary
The opponent owns an International Registration for the mark SAINT-TROPEZ in Classes 25 and 41 and a Community registration for the same mark in the same classes. Identical and similar goods and services are at issue in Classes 25 and 41 but the goods in Class 28 are not similar.
Under Section 5(2)(b) the Hearing Officer compared the marks as wholes and concluded that they were not similar. In her view the opponent’s mark would be seen as a geographical name whereas the applicant’s mark would be seen as POLO CLUB located at or connected with a geographical location and there were also other elements in the applicant’s mark. Opposition thus failed.