REOC Trade Mark Ownership History- from The Gun 156, April 2000

In June this year our Trade Mark registrations will reach their fifth anniversary. For the benefit of newer members I should explain that we have two marks registered. These are firstly the name \”Royal  Enfield\” and secondly the Cannon Emblem with the words \”Made like a Gun\”. The first is registered in two Classes (25 and 42) and the second in three (16, 25 and 42). These classes cover in broad terms, from our point of view, the following:
16          Printed matter.
25          Clothing, footwear, headgear.
42          Club services.

The purpose behind our original registration was to safeguard our right to continue to use the Marks.
These Trade Marks will come up for renewal in June 2005.

You may wonder why I am writing on this subject as a non-committee member. The reason is that I led the original sub committee which obtained the registrations. The registrations were made in the name of The Members of the Royal Enfield Owners Club but there had to be a contact person and address. I am that contact person.

NOW TO THE IMPORTANT NEWS – on 25th January I received notification, from our Agent, that a new application was being advertised, as is required under the rules, to allow any opposers the opportunity to put their case. Our Agent thought that we would not want to oppose as our registration had been for our own Club purposes and also it would cost about £500 (that probably means £1000).

I spoke to Dave Bogg, our Chairman, and he felt that our situation remained as it was when we originally applied i.e, that we were interested in retaining our right to use the Marks but not in preventing others from doing so. Dave was also happy that I continue to deal with the matter on behalf of the Club. I then spoke to our Agents and received positive confirmation that our right to use the Marks would remain even if the new application was approved by the Registrar. Subsequently I wrote to our Agents stating that we did not intend to oppose and giving our reason i.e. that our right to use the Mark would not be affected.

The new application is on behalf of Eicher Limited-Royal Enfield Motors Unit i.e. the Royal Enfield factory in India. Their application is only for the name “Royal Enfield\” but in three Classes (9, 12 and 25). Classes 9-Safety equipment (Crash helmets and protective clothing) and Class 12-Motorcycles and accessories are in no way in conflict with our registration. We do have registration in Class 25 but this is such a wide ranging class that the Registrar requires fairly detailed definition. Our registration is for T-shirts, sweatshirts, polo-shirts, jumpers, hats and jackets (i.e. casual wear). The new registration is for Footwear and clothing for motorcyclists. I feel this latter does not conflict with our registration but even if they do produce some casual wear I think this will not hurt our sales to members and it may well give members additional choice.

A further consideration is that, as long as we are protected  in our use of the Mark, we would wish Royal Enfield Motors success in their business and therefore not oppose them.

Even though this instance is not harmful to us I do feel it shows we were right to register as we did. We may be the only Club to have succeeded in registering a Trade Mark (I think I am right) but we know that others have had problems because they did not or could not register.

Iain Parry