Trade mark decision

BL Number
O/391/00
Decision date
17 October 2000
Hearing Officer
Mr M Knight
Mark
THE INN ON THE GREEN
Classes
42
Applicant
The Inn on the Green Limited
Opponent
Hotel on the Green Limited
Opposition
Sections 3(1)(a); 3(1)(c); 3(1)(d); 5(2)(b) & 5(4)(a)

Result

Section 3 - Opposition failed.

Section 5(2) - Opposition dismissed.

Section 5(4) - Opposition failed.

Points Of Interest

  • Evidence of other ‘Inns on the Green’ was not sufficient to reopen the Examiner’s prima facie view, in this case.

Summary

Under Section 3 the Hearing Officer could not find sufficient material in the evidence to say that the Examiner was wrong in reaching the view that the mark could be accepted prima facie. The marks did not indicate a geographical location nor were they used as a matter of course by establishments providing food and drink and located near greens. No earlier trade mark was produced, therefore opposition under Section 5(2) was dismissed. The case under Section 5(4)(a) was not made out

Full decision O/391/00 PDF document20Kb