Trade mark decision

BL Number
O/317/01
Decision date
24 July 2001
Hearing Officer
Mr G Salthouse
Mark
ROYAL COUNTRY OF BERKSHIRE POLO CLUB
Classes
03
Applicant
Royal County of Berkshire Polo Club Ltd
Opponent
The Polo/Lauren Company L.P.
Opposition
Sections 5(2)(b) & 5(4)(a)

Result

Section 5(2)(b): - No formal finding.

Section 5(4)(a): - Opposition partially successful.

Points Of Interest

  • 1. The comparison of the marks.
  • 2. Hearing Officer’s rejection of the contention that beyond a certain point the fame and repute of mark reduces the likelihood of confusion.

Summary

[The opposition was based on registrations of the word POLO and/or the device of a mounted polo player, and was related to earlier oppositions (see BL O/335/00 and BL O/423/00)]

The Hearing Officer dealt with the matter first under Section 5(4)(a). In this he found the opposition successful in respect of three marks in the series applied for, and unsuccessful in the case of the fourth mark. He remarked that his decision under Section 5(2) would have been no different.

Full decision O/317/01 PDF document63Kb