The Bonzo Dog Band have won a legal battle to put the Doo Dah back into their name.

The band were successful after starring with Michael Palin, Terry Jones and Eric Idle on comedy show, Do Not Adjust Your Set.

Combining rock with jazz, musical hall and comedy, they had a top-five hit single in 1968 with the Paul McCartney-produced 'I'm The Urban Spaceman'.

The Bonzo Dog Band have won a legal battle to put the Doo Dah back into their name. The band were successful after starring with Michael Palin, Terry Jones and Eric Idle on comedy show, Do Not Adjust Your Set

The band reunited in 2005, but were shocked to learn that someone else later trademarked a version of their name in 2016.

It meant the band could not perform freely under the Bonzo Dog Doo Dah Band moniker.

But after complaining to the Intellectual Property Office, surviving members of the group this week won the right to put the 'Doo Dah' back into their name.

The Intellectual Property Office said Anglo Atlantic Media Ltd - of which the band's former promoter Bob Carruthers (pictured above outside the High Court in London) is a director - had no right to register the trademark

The IPO said Anglo Atlantic Media Ltd - of which the band's former promoter Bob Carruthers is a director - had no right to register the trademark.

In his ruling, IPO registrar Oliver Morris said a 'stylised figurative' version of the band's name - effectively a logo - had been registered by the company.

But he said: 'At its heart, this is a dispute about the name of band.'

Members of the band - Roger Spear, Neil Innes, Larry Smith, Rodney Slater, Vernon Nowell and Martin Ash, who has since died - subsequently tried to trademark the actual name of the band.

But due to the earlier registration of the stylised version of the name, it led to an 'emotionally charged' dispute, during which celebrities including Stephen Fry and Adrian Edmondson, who have guested for the band, gave evidence in support.

The band was first formed in a flat in West Dulwich, south London, by a group of art school students in 1962.

Mr Carruthers claimed that there were three distinct bands: initially the Bonzo Dog Dada Band and then the disputed Doo-Dah incarnation, which he said ended in 1968. Its name remained dormant for nearly 40 years, he said.

Thereafter, a third band was formed, which was known simply as the Bonzo Dog Band, releasing several albums.

Only the first album, 'Gorilla' in 1967, was released using the Doo Dah Band name, he said.

He said he came up with the idea for a show to celebrate the 40th anniversary of their first single in 2006 and put together a new band himself, using celebrities and some surviving band members.

They played at the Astoria in 2006, which was filmed for BBC4, released an album, then further toured and recorded, he said.

He said he invested £350,000 in the band and claimed to have been their manager since 2005 and to have produced everything they have done since.

Celebrities including Stephen Fry (above) and Adrian Edmondson, who have guested for the band, gave evidence in support. The band was first formed in a flat in West Dulwich, south London, by a group of art school students in 1962

He claimed that, through the activities of himself and his companies, Anglo Atlantic had built up significant goodwill in the Doo Dah Band name.

The mark was registered in 2016 in order to protect the investment, claimed Mr Carruthers, who wrote the book, 'Jollity Farm - The Bonzo Dog Doo-Dah Band in Their Own Words'.

Mr Carruthers claimed the band were not a partnership, but a 'loose unincorporated association', and so could not lay claim to the goodwill in the Doo Dah name.

But the band said that, since 2005, their activities have been part of reunions of the original band, using whatever musicians were available at the time. Mr Carruthers has been no more than their promoter.

'They say it cannot be right for an entity with no entitlement to a well-known band's name to just register it as a trade mark,' said the registrar.

He added: 'Both Mr Fry and Mr Edmondson say that they were guests and were performing for the band they knew, not any new band formed by Mr Carruthers..'

The band reunited in 2005, but were shocked to learn that someone else later trademarked a version of their name in 2016. It meant the band could not perform freely under the Bonzo Dog Doo Dah Band moniker

Finding against Anglo Atlantic, Mr Morris said the band's name changes had been 'an evolution of the band', not the formation of separate groups.

The public would see the Bonzo Dog Doo Dah Band and Bonzo Dog Band as 'interchangeable names', references which had started back in the 1960s, he said.

Mr Carruthers had come up with the 40th anniversary concert idea in 2005, but the goodwill associated with the 60s success of the band continued and was owned by the 'last men standing' in the band.

He accepted that Mr Carruthers did 'much of the leg work' post-2005, but the company could not claim the goodwill associated with the name, which 'naturally flows to the band'.

'This is because the public would regard the band as responsible for the quality of the music and entertainment provided under its name,' he continued.

'This is all so, irrespective that the figurative mark was created by Mr Carruthers.

'Whilst this may give Mr Carruthers the right to prevent third parties - including the band - from copying and using the figurative mark without his permission, it does not follow that he has the right to use and register that mark if it otherwise interferes with the interests of others, because, as it applies here, that figurative mark contains the name of the band.

'Whilst the registered mark is stylised, it prominently features the name of the band.

'The mark is registered for goods and services which directly relate to the activities of a band. It is inevitable that members of the public would believe that the goods and services are those of the band.'

He said the band members' application to invalidate Anglo Atlantic's trademark succeeded.

Mr Carruthers claimed the band (above) were not a partnership, but a 'loose unincorporated association', and so could not lay claim to the goodwill in the Doo Dah name. But the band said that, since 2005, their activities have been part of reunions of the original band, using whatever musicians were available at the time

Those who work with bands in the way Mr Carruthers and his companies did 'should not be registering trade marks the effect of which would be to put them in complete control of the name of the band they represent and which would have the potential effect of preventing the band from undertaking the activities it should be free to do under its own name,' he continued.

'I fully accept that Mr Carruthers has invested time and money into the various activities mentioned, and I also accept that Anglo American Media Ltd would have done likewise,' he said.

The IPO decision was revealed at the High Court yesterday, where Mr Carruthers, representing Anglo Atlantic, vowed to appeal.

'We will definitely be appealing to set aside the decision,' he told Mr Justice Freedman.

'This hasn't been about goodwill, it's about the existence of a partnership..'

Finding against Anglo Atlantic, Mr Morris said the band's name changes had been 'an evolution of the band', not the formation of separate groups. The public would see the Bonzo Dog Doo Dah Band and Bonzo Dog Band as 'interchangeable names', references which had started back in the 1960s, he said

The court heard the company has live claims against members of the band for 'malicious falsehood', based on allegations that libelous statements have been published about its registration of the trademark.

It also claims that defamatory statements have been made to the effect that the case has had an impact on the health of band members.

And it claims 'unlawful interference' with the trademark.

Mr Justice Freedman said, whatever form the claims are in, the trademark dispute - including any potential appeal - underlies all of them and transferred the claims to the intellectual property division of the High Court.

Representing the band members, Tom Iverson said the £37,000 they have spent on the case so far has been partly funded by a crowd funding campaign, which has raised £18,000 from fans.