Trade mark decision

BL Number

O/029/02

Decision date

11 January 2002

Hearing Officer

Mr M Knight

Mark

LENSBURY FIELD SPORTS

Classes

25, 41

Applicant

Paul Hurst

Opponent

Shell International Petroleum Company Limited

Opposition

Section 5(4)(a)**objections were also raised under Section 3 but these were not pursued and were dismissed accordingly.

Result

Section 5(4)(a) - Opposition successful

Points Of Interest

• 1. The reputation gained by the club did not devolve to its constituent sections, the rugby or football clubs.

Summary

The opposition was based on the existence, since 1920, of the Shell Company’s sports club which bore the name LENSBURY SOCIAL & ATHLETIC CLUB. The Hearing Officer concluded from the evidence that the opponents had a reputation and could at the date of application have prevented use of the applicant’s mark under the Common Law Tort of passing-off. The opposition succeeded accordingly.

Full decision O/029/02 30Kb