Tottenham Hotspur Football Club has successfully opposed an application by Patricia Hard O’Connell and Michael O’Connell to register TOTTENHAM for metal ornaments and badges, flags and various items of clothing. The applicants’ sign was identical to that owned by the football club and the goods applied for were either identical to those for which Tottenham Hotspur owned registrations or were very similar (the football club’s specifications of goods were subject to certain limitations) leading to a likelihood of confusion.
The applicants argued that their registration should go ahead on grounds of honest concurrent use but the Hearing Officer said that honest concurrent use cannot be argued in Section 5(1) identical marks/identical goods cases because the protection granted to the registered mark proprietor in such cases is absolute. However, he thought that it could be argued in Section 5(2) cases because a history of third parties using the mark would make confusion less likely.

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