PGA v LPGA Trademark Case

Posted: 5 years ago in: Case Study, NewsPosted By admin

When a trademark is registered, the Trade Marks Act requires that the registered trademark must be used within 5 years of trademark registration, or alternatively, the trademark registration can be revoked if any such use has been suspended for an uninterrupted period of 5 years.

The Professional Golfers’ Association (PGA) sought to revoke a registered trademark (LPGA) held by the Ladies Professional Golf Association.  The LPGA’s registered trademark was held in respect of golf bags, golf clubs and golf balls.

While the LPGA had entered into a licence agreement for the use of the registered trademark, the evidence of the agreement was not produced, and evidence of the level of sales was scant.  As a result it was held that the LPGA registered trademark could not be maintained, and its status as a registered trademark was revoked.

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