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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> POLO CLUB SAINT TROPEZ HARAS DE GASSIN DE GASSIN Device of a Horse Rider in a Circular Border (Trade Mark: Opposition) [2007] UKIntelP o29207 (4 October 2007)
URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o29207.html
Cite as: [2007] UKIntelP o29207

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POLO CLUB SAINT TROPEZ HARAS DE GASSIN DE GASSIN Device of a Horse Rider in a Circular Border (Trade Mark: Opposition) [2007] UKIntelP o29207 (4 October 2007)

For the whole decision click here: o29207

Trade mark decision

BL Number
O/292/07
Decision date
4 October 2007
Hearing officer
Mrs A Corbett
Mark
POLO CLUB SAINT TROPEZ HARAS DE GASSIN DE GASSIN & Device of a Horse & Rider in a Circular Border
Classes
25, 28, 41
Applicants
Polo Club
Opponents
Commune De Saint-Tropez
Opposition
Section 5(2)(b)

Result

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

Points Of Interest

Summary

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.


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URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o29207.html