Trade mark decision

BL Number
O/467/01
Decision date
25 October 2001
Hearing Officer
Dr W J Trott
Mark
KING COLE
Classes
03, 08, 09, 16, 18, 21, 25, 28, 32, 41
Applicant
Joe Cole
Opponent
Andrew Cole
Opposition
Sections 3(6) & 5(4)(a)

Result

Section 3(6) - Opposition failed

Section 5(4)(a) - Opposition failed

Points Of Interest

Summary

The opponents are the company of Mr Andrew Cole a well known footballer, who plays for Manchester United, having played previously for Newcastle United. Mr Cole has a reputation as a goal scorer and over the years has been referred to in Newspapers etc as KING COLE and NET KING COLE. However, to sustain an objection under Section 5(4)(a) - Passing Off - the opponent must show a reputation and goodwill in the relevant area of trade and in this regard the Hearing Officer concluded from the evidence that no such goodwill existed. The opponents thus failed on this ground.

Under Section 3(6) the Hearing Officer accepted that the applicant might have been aware of the nick-names of Mr Andrew Cole but there is no evidence that Mr Cole claimed ownership of it or that he wished to use it in trade. Indeed all use by Mr Andrew Cole in sponsorship deals etc had been of his own name. The opponents failed on this ground.

Full decision O/467/01 PDF document7Kb