Trade mark decision

BL Number

O/025/02

Decision date

10 January 2002

Appointed Person

Mr David Kitchin QC

Mark

DEVICE ONLY MARK

Classes

12, 25, 28

Applicants/Appellants

American Golf Discount Centre Limited

Opponents/Respondents

American Golf Corporation

Opposition

Appeal to the Appointed Person in Opposition Proceedings

Result

Appeal dismissed.

Points Of Interest

• None

Summary

This was one of two related appeals to the Appointed Person against the decision of the Registrar’s Hearing Officer (BL O/195/01). The appellants’ contentions and the Appointed Person’s findings are set out in BL O/024/02, q.v., in this case however, there was the further submission that the Hearing Officer failed to take account of the fact that the mark in this case was of a device only, and did not include words, a material difference. The Appointed Person noted, however, that the Hearing Officer had noted and commented on that difference. Appeal dismissed.

Full decision O/025/02 147Kb