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 PDF document147Kb