Trade mark decision

BL Number

O/196/01

Decision date

26 April 2001

Hearing Officer

Mr M Reynolds

Mark

AMERICAN GOLF DISCOUNT

Classes

12, 25, 28

Applicant

American Golf Discount Centre Limited

Opponent

American Golf Corporation

Opposition

Sections 3(3)(b); 3(6); 5(2)(b); 5(3); 5(4)

Result

Section 3(3)(b) - Opposition failed

Section 3(6) - Opposition failed

Section 5(2)(b) - Opposition successful

Section 5(3) - Opposition successful

Section 5(4) - Opposition successful

Points Of Interest

• 1. Amendment of pleadings
• 2. Honest concurrent use
• 3. Geographical indications

Summary

[This was one of three closely related oppositions involving the same parties and heard on the same day - see BL O/195/01 and BL O/197/01.] The reasoning and outcome in this case was applied, mutatis mutandis, in BL O/195/01, although the marks differ to some extent [the geographical element was much stronger in this case].

Full decision O/196/01 43Kb