UK Trademarks and Intellectual Property
In the UK, trademarks are filed and protected on a first-come first-served basis. In
this case, therefore, the Canadian All Reds have registered a trademark in the UK
and this will take priority over the attempt by Preston Rugby Union Club (PRU).
Therefore, when PRU go to register the name ‘Lancashire All Reds’, the Canadian
All Reds could object to the registration. There are several grounds upon which they
could object to the registration; these objections would have to be lodged at the
Company Names Tribunal which is a department within the UK Intellectual Property
Office. In order to make an objection, it will be necessary for the Canadian All Reds
to show that the name is the same as their name and that they have built up a
degree of goodwill or reputation with the name. The name does not have to be
exactly the same; however, it does have to be so similar that it is likely to mislead
individuals into believing that the two are linked.
One of the factors that have been established when objecting to a trademark
registration is that ‘a genuine, properly substantiated likelihood of confusion’ exists.
The case of Royal Berkshire Polo Club stated that, in order for an objection to be
successful, it is absolutely essential that there is this element of confusion. In this
case, the Royal Berkshire Polo Club attempted to register a trademark that was
objected to by the Polo Ralph Lauren Company by virtue of section 5(2) of the Trade
Marks Act 1994, stating that it believed the mark was similar to identical goods. This
would be the same objection that the Canadian All Reds would bring, due to the fact
that they are similar products, and that confusion is likely. It was also argued by
Ralph Lauren that they had built up a substantial amount of goodwill and as the
Canadian All Reds have been in operation for over a century and gained
considerable success in this time, it is likely that this argument could also be used by
the Canadian All Reds.
It was held, in this case, that it was necessary to consider what a reasonable
consumer would think and whether confusion would be reasonably likely. Based on
this, it will be necessary for the Canadian All Reds to argue that allowing the name
‘Lancashire All Reds’ (particularly given their nickname ‘All Reds’) would confuse
consumers. As the Canadian All Reds’ trademark is registered in the UK and the
In the UK, trademarks are filed and protected on a first-come first-served basis. In
this case, therefore, the Canadian All Reds have registered a trademark in the UK
and this will take priority over the attempt by Preston Rugby Union Club (PRU).
Therefore, when PRU go to register the name ‘Lancashire All Reds’, the Canadian
All Reds could object to the registration. There are several grounds upon which they
could object to the registration; these objections would have to be lodged at the
Company Names Tribunal which is a department within the UK Intellectual Property
Office. In order to make an objection, it will be necessary for the Canadian All Reds
to show that the name is the same as their name and that they have built up a
degree of goodwill or reputation with the name. The name does not have to be
exactly the same; however, it does have to be so similar that it is likely to mislead
individuals into believing that the two are linked.
One of the factors that have been established when objecting to a trademark
registration is that ‘a genuine, properly substantiated likelihood of confusion’ exists.
The case of Royal Berkshire Polo Club stated that, in order for an objection to be
successful, it is absolutely essential that there is this element of confusion. In this
case, the Royal Berkshire Polo Club attempted to register a trademark that was
objected to by the Polo Ralph Lauren Company by virtue of section 5(2) of the Trade
Marks Act 1994, stating that it believed the mark was similar to identical goods. This
would be the same objection that the Canadian All Reds would bring, due to the fact
that they are similar products, and that confusion is likely. It was also argued by
Ralph Lauren that they had built up a substantial amount of goodwill and as the
Canadian All Reds have been in operation for over a century and gained
considerable success in this time, it is likely that this argument could also be used by
the Canadian All Reds.
It was held, in this case, that it was necessary to consider what a reasonable
consumer would think and whether confusion would be reasonably likely. Based on
this, it will be necessary for the Canadian All Reds to argue that allowing the name
‘Lancashire All Reds’ (particularly given their nickname ‘All Reds’) would confuse
consumers. As the Canadian All Reds’ trademark is registered in the UK and the
