Stephen Baker and Oliver Williams of our Dispute Resolution team provide key takeaways from the recent decision of the Intellectual Property Office (IPO) to stop Cambridge Rowing Limited from registering its logo based on Cambridge University’s opposition.
The University of Cambridge has recently successfully blocked Cambridge Rowing Limited’s attempt to register a figurative trade mark for its logo: a crest of arms with crossed rowing oars, a rower silhouette and the words “Cambridge Rowing”.
Although the case concerns a local rowing business, it carries wider lessons for any business owner looking to protect their brand or avoid disputes with established rights holders.
What is the case about?
Cambridge Rowing was set up in 2021 as a tutoring and leisure sporting business promoting rowing services on the River Cam. Its founder, Omar Terrywall, applied to register its logo, which includes its name, as a trade mark in January 2022.
Other companies, such as Cambridge NeuroTech, have previously been successful in registering trade marks in the face of opposition from the university. However, any legal challenge from a well‑resourced institution is expensive, and in this instance, Cambridge Rowing’s application has touched upon the university’s world famous reputation as a rowing academy.
Why did the university oppose?
Cambridge University owns a suite of word and figurative trade marks associated with the name ‘Cambridge’ and its various logos, notably within classes covering sport and education. These trade marks give the university the right to oppose any registrations that use the word ‘Cambridge’ in those classes.
To succeed in an opposition, a trade mark owner must also show a likelihood of confusion between their registered marks and the mark which is being applied for, and demonstrate that this likelihood of confusion could cause or has caused some sort of damage, be it financial, reputational, or simply that the registration would take advantage of the registered owner’s reputation.
The university argued that consumers could believe Cambridge Rowing was connected to or endorsed by the university, and that the business would benefit commercially from the university’s longstanding sporting reputation.
Why did the university win?
The IPO agreed. It found:
- A clear likelihood of confusion between the university’s trade marks and Cambridge Rowing’s logo; and
- The likelihood of confusion would result in Cambridge Rowing gaining a commercial advantage from the university’s reputation which would be unfair.
As a result, registration was refused. Cambridge Rowing has until 3 March 2026 to appeal.
How can I ensure my trade marks are protected?
This case highlights several important points for anyone building or protecting a brand
- Trade mark owners need to establish, within its use class, a likelihood of confusion between their marks and their opponent’s in order to oppose their registration, and that the opponent’s mark would take unfair advantage of, or is detrimental to, the distinctive character or reputation of the owner’s established trade mark.
- Where the trade mark owner has an established reputation in the field, it is easier to oppose another business’ registration using the above grounds.
- Businesses looking to register trade marks should be aware of anyone who might try to oppose their registration, and what their rights are, to avoid costly opposition proceedings.
Early advice and due diligence before filing can save costs and help avoid costly disputes. If you do get into a dispute, obtaining advice as early as possible can also assist in saving time and money.
Our specialist solicitors are skilled in identifying legal issues surrounding intellectual property rights and providing practical solutions to our clients’ disputes. For more information on the contents of this article or advice on the issues raised, please contact us to speak to a member of our Dispute Resolution team.
