Trade mark decision

BL Number

O/460/00

Decision date

12 December 2000

Hearing Officer

Mr A James

Mark

AMERICAN INTERCONTINENTAL UNIVERSITY

Classes

41, 42

Applicants

The American College in London Limited

Opponents

Richmond, the American International University in London Inc

Opposition

Sections 3(1), 5(2)(b) and 5(4)

Result

Section 3(1) - Opposition failed

Section 5(2)(b) - Opposition failed

Section 5(2)(b) - Opposition failed

Points Of Interest

• None

Summary

Under Section 3(1) the Hearing Officer accepted that the applicants mark was made up of three common words but observed that INTERCONTINENTAL was a rather grandiose word which was unlikely to be required by others. He, therefore, concluded that the mark was not devoid of distinctive character and thus should not be denied protection.

With regard to Section 5(4)(a) - Passing Off - The Hearing Officer noted that the opponents promoted their educational services primarily under the name RICHMOND and went on to decide that he could see no likelihood of public confusion between the respective marks RICHMOND, THE AMERICAN INTERNATIONAL UNIVERSITY LONDON and AMERICAN INTERCONTINENTAL UNIVERSITY. In his decision he noted that the words common to both marks AMERICAN and UNIVERSITY have no inherent distinctiveness.

In the light of his finding under Section 5(4)(a) the Hearing Officer dealt only briefly with Section 5(2)(b) and reached a similar decision.

Full decision O/460/00 23Kb