Trade mark decision

BL Number
Decision date
2 July 2001
Hearing Officer
Dr W J Trott
12, 13, 18, 22, 25
Sport 2000 International AG
Venator Group Retail, Inc
Sections 3(1)(a), (b), (c) & (d)


Section 3(1)(a): - Opposition failed.

Section 3(1)(b) - Opposition failed.

Section 3(1)(c) - Opposition failed.

Section 3(1)(d) - Opposition failed.

Points Of Interest

  • None


The opponents submitted that the mark consisted of a number of non-distinctive features and that the whole mark had no capacity to distinguish.

In his consideration the Hearing Officer noted that much of the opponents material was directed at the American market; that knowledge about Colorado in the UK would not be as widespread as in the USA and that none of the goods claimed appeared to have any particular link with Colorado. Considering the mark as a whole the Hearing Officer concluded that it did not fall foul of Section 3 and that it did have a capacity to distinguish. Examples of earlier acceptances of such marks as CALIFORNIA LIFESTYLE and COLORADO ROCKIES and practice in relation to geographical marks under the Trade Marks Act 1938 did not impact on the Hearing Officer’s decision.

Full decision O/284/01 PDF document22Kb