In a recent decision from the UKIPO (O/0939/24), the Hearing Officer found that the Chicago Bulls logo qualifies as a well known mark in the United Kingdom for basketball entertainment services and associated merchandising. He went on to uphold the opposition to the registration of a similar logo (including the words ‘PIZZA TEXAS BULLS’) in respect of certain goods and services.
The decision was the second time that the UKIPO had considered the point. In a previous decision (O/0644/23) a different Hearing Officer had decided that the Chicago Bulls logo was not a well known mark because of the lack of UK-based evidence to support such a finding.
The opponent, NBA Properties, Inc., appealed that decision to the High Court and, in a decision handed down in November 2023 ([2023] EWHC 3040 (Ch)), Mrs Justice Joanna Smith concluded that the first Hearing Officer had misdirected himself as to the relevant test on whether the logo was well-known. She remitted it leading to the more recent decision broadly in favour of the opponent.
Jamie Muir Wood appeared for NBA Properties, Inc. on appeal and at the remitted hearing instructed by Yvette Spring of Stratagem IPM Ltd.
