Trade mark decision

BL Number

O/232/06

Decision date

14 August 2006

Hearing Officer

Mr G Salthouse

Mark

LONDON SOUTH AFRICANS RUGBY FOOTBALL CLUB

Classes

35, 41

Applicant

World Artists Limited

Opponent

Alistair Trotman

Opposition

Section 5(4)(a)

Result

Section 5(4)(a): Opposition failed.

Points Of Interest

• None

Summary

The opponent claimed to have adopted the name LONDON SOUTH AFRICA RUGBY CLUB in the year 2000 and filed evidence to show that a team under that name had played in several tournaments and festivals 15 a-side, 10 a-side and 7 a-side. Efforts had been made to join one of the Surrey leagues but the application had been turned down.

The applicant disputed the extent of the opponent’s user of the name indicated and said it had been refused league membership because it had failed to provide information to show that it had a Constitution and Rules to meet league requirements.

Additional evidence was provided by both parties and the Hearing Officer, with the agreement of the parties, accepted the evidence into, the proceedings.

With regard to the claims of the opponent the Hearing Officer noted ‘that in at least some of the tournaments mentioned it appeared that “scratch teams” had taken part under names which would last only for the duration of the tournament. Also there was no evidence to support the claim of a LONDON SOUTH AFRICAN RUGBY CLUB such as list of Members, Constitution, Ground etc. Thus while the opponent may have intended to form a Rugby Club there was no indication that such a club was established or that the rugby community would view the use of the name as that of a bona fide rugby club. In the Hearing Officer’s view the opponent had not established a goodwill or reputation in the name LONDON SOUTH AFRICAN RUGBY CLUB and therefore his opposition failed under Section 5(4)(a) - Passing Off - at the first hurdle.

Full decision O/232/06 56Kb