Trade mark decision

BL Number
O/003/00
Decision date
11 January 2000
Hearing Officer
Mr M Reynolds
Mark
TARTAN GLORY
Classes
33
Applicant
Frank Boyd
Opponent
Scotch Whisky Association
Opposition
Section 3(3)(b)

Result

Section 3(3)(b) - Opposition successful; application to be refused unless suitably limited.

Points Of Interest

  • Registry practice in respect of "Scottish Marks".

Summary

The registration applied for was in respect of "Scotch Whisky, vodka, gin, spirits". In view of the mark's Scottish connotations the opponents sought either:- refusal in respect of 'spirits'; refusal in respect of 'whisky and alcoholic beverages containing whisky, unless Scotch Whisky or Scotch Whisky Liqueurs'; or total refusal. The Hearing Officer reviewed the matter in the light of the evidence and current Registry practice and ruled that the application be refused unless suitably amended.

Full decision O/003/00 PDF document12Kb