Trade mark decision

BL Number

O/429/01

Decision date

2 October 2001

Hearing Officer

Mr G Salthouse

Mark

RICHMOND THE AMERICAN UNIVERSITY

Classes

16, 25, 31

Applicant

Richmond College, The American International University in London Inc

Opponents

The American College in London Limited

Opposition

Sections 5(4)(a)

Result

Section 5(4)(a) - Opposition failed

Points Of Interest

• Association not enough to find misrepresentation.

Summary

The opposition was based on the opponents' registrations of their mark AMERICAN COLLEGE IN LONDON (a related opposition was to the mark RICHMOND COLLEGE, THE AMERICAN INTERNATIONAL UNIVERSITY IN LONDON - see SRIS O/430/01, and had originally included objections under Sections 5(2) & 5(3); these were subsequently dropped). The Hearing Officer considered that the "prominence and positioning" of "RICHMOND" in the applicants' mark suggests itself as the name of the college of which "THE AMERICAN UNIVERSITY IN LONDON" is a description. In the absence of any misrepresentation the opposition under Section 5(4) had to fail.

Full decision O/429/01 50Kb