Trade mark decision

BL Number
Decision date
4 October 2007
Hearing Officer
Mrs A Corbett
POLO CLUB SAINT TROPEZ HARAS DE GASSIN DE GASSIN & Device of a Horse & Rider in a Circular Border
25, 28, 41
Polo Club
Commune De Saint-Tropez
Section 5(2)(b)


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

Points Of Interest

  • Copies of French decisions involving the same two parties were filed in these proceedings but were given little weight by the Hearing Officer


The opponent owns an International Registration for the mark SAINT-TROPEZ in Classes 25 and 41 and a Community registration for the same mark in the same classes. Identical and similar goods and services are at issue in Classes 25 and 41 but the goods in Class 28 are not similar.

Under Section 5(2)(b) the Hearing Officer compared the marks as wholes and concluded that they were not similar. In her view the opponent’s mark would be seen as a geographical name whereas the applicant’s mark would be seen as POLO CLUB located at or connected with a geographical location and there were also other elements in the applicant’s mark. Opposition thus failed.

Full decision O/292/07 PDF document136Kb