Trade mark decision

BL Number

O/129/02

Decision date

19 March 2002

Hearing Officer

Mr M Reynolds

Mark

AMERICAN COLLEGE IN LONDON

Classes

41, 42

Applicant

The American College in London Limited

Opponent

Richmond, The American International University in London Inc

Opposition

Section 5(2)(b)

Result

Section 5(2)(b): - Opposition failed.

Points Of Interest

• 1. Comparison of the marks, AMERICAN COLLEGE IN LONDON v RICHMOND COLLEGE, THE AMERICAN UNIVERSITY IN LONDON

Summary

This was the latest clash between the parties and the Hearing Officer began by giving a brief account of the other actions and the salient features of the various findings (see, eg BL O/429/01 and BL O/430/01). Whilst it was not clear which of their marks the opponents relied on for the purposes of Section 5(2)(b), the Hearing Officer selected RICHMOND COLLEGE, THE AMERICAN UNIVERSITY IN LONDON, as that mark incorporated all the elements of the mark in suit.

Comparing those marks, the Hearing Officer concluded (as in the other proceedings) that the presence of the dominant feature (RICHMOND) in one of the marks made confusion unlikely. The Section 5(2)(b) opposition failed accordingly.

Full decision O/129/02 128Kb