Trade mark decision

BL Number
O/181/98
Decision date
16 September 1998
Hearing Officer
Mr G Salthouse
Mark
19TH HOLE
Classes
33
Applicants
Michael Owen O'Donnell t/a Kerfoot Industries
Opponents
Matthew Gloag & Son Ltd
Opposition
Section 1(1), 3(1)(a), 3(3)(b), 3(6) & 5(4)(a)

Result

Section 1(1) - opposition failed

Section 3(1)(a) - opposition failed

Section 3(3)(b) - opposition failed

Section 3(6) - opposition failed

Section 5(4)(a) - opposition failed

Points Of Interest

  • None.

Summary

The opposition was principally based on the opponents’ use of the mark 19th HOLE in connection with drinks and refreshments provided in the hospitality tents at the Open Golf Championship. The Hearing Officer quickly dismissed the objections under Section 1(1), 3(1)(a); 3(3)(b) and 3(6). The Hearing Officer was not convinced from the evidence that the public would be any way deceived or misled such as to make a connection between the applicants whiskey and the opponents' hospitality tent. No misrepresentation would take place. Hence the Section 5(4)(a) objection failed also.

Full decision O/181/98 PDF document26Kb