Trade mark decision

BL Number

O/024/02

Decision date

10 January 2002

Appointed Person

Mr David Kitchin QC

Mark

AMERICAN GOLF DISCOUNT

Classes

12, 25, 28

Applicants/Appellants

American Golf Discount Centre

Opponents/Respondents

American Golf Corporation

Appeal to the Appointed Person in Opposition Proceedings

Result

Appeal dismissed.

Points Of Interest

• 1. It would have been wrong for the Hearing Officer to have assumed the existence of ‘side by side’ use simply because of the existence of the earlier trade mark.

Summary

This was an appeal to the Appointed Person against the decision of the Registrar’s Hearing Officer (BL O/196/01). The appellants contended:- (i) the Hearing Officer did not exercise his own judgement as to the likelihood of confusion but assumed such on the basis of cross-oppositions; (ii) he failed to take account of a disclaimer, (iii) he failed to take into account the extensive use of the applicants’ mark and the fact that no confusion had resulted; the Hearing Officer should have allowed registration by virtue of honest concurrent use. The Appointed Person did not accept these contentions and dismissed the appeal.

Full decision O/024/02 314Kb