The shape of a bottle, and patterns impressed on it, were insufficiently distinctive to be registerable as Trade Marks. The distinctiveness is assessed by reference to the object alone, not by reference to the marketing activity surrounding it. Citations: Gazette 03-Mar-1999, Times 17-Feb-1999, [1999] EWCA Civ 684 Statutes: Trade Marks Act 1994 3(1)(b) Jurisdiction: England … Continue reading Procter and Gamble Limited v Registrar of Trade Marks: CA 29 Jan 1999

IPO Sections 1(1) and 3(1)(a): – Opposition failed.
Section 3(1)(b): – Opposition successful.
Section 3(1)(c): – Opposition failed.
Section 3(2)(c): – Not considered.
The opponent in this . .

IPO Sections 1(1) and 3(1)(2) – Opposition failed.
Section 3(1)(b) – Opposition successful.
Section 3(1)(c) – Opposition failed.
Section 1(1)(d) – Opposition failed.
Section 3(2)(c) – Not . .

IPO Sections 1(1) and 3(1)(a): – Opposition failed.
Section 3(1)(b): – Opposition successful.
Section 3(1)(c): – Opposition failed.
Section 3(2)(c): – Not considered.
The opponent in this . .

IPO Sections 1(1) and 3(1)(a): – Opposition failed.
Section 3(1)(b): – Opposition successful.
Section 3(2)(c): Not considered.
The opponent in this case is a German manufacturer of confectionary . .

Objection that mark is customary within the trade. . .

IPO Opposition based on opponent’s registration of a TWIN CHEF device mark in Class 30. The opposition related to the same application under consideration in SRIS O/186/01, and the opponent relied on largely the . .

IPO Opposition based on opponent’s various registrations (Community and UK) of a TWIN CHEFS device mark in Classes 29, 30 and 32. In regard to opposition under Section 5(2)(b), the Hearing Officer accepted that . .

The claimant alleged infrngement of its trade mark. The defendant replied that the mark had not been reproduced exactly. And was invalid. Held: The claim succeeded. The difference was not sufficient to amount to a defence where the alteration did not change the essential and distinctive characteri of the mark. proprietor of a registered trade … Continue reading Thomas Pink Limited v Victoria’s Secret UK Ltd: ChD 31 Jul 2014

The originator of ‘Bach Flower Remedies’ had distributed them widely, and encouraged the use of the term as a general descriptive remedies. After the plaintiff had registered the names as trade marks, the respondent challenged the registration, and . .

The appellant had sought to register as a trade mark the shape of a polo mint. The objector said it lacked sufficient distinctive character. The appellant sought to amend the specification of the trade mark to limit its application as to the goods . .

The court was asked whether a trade mark consisting of the shape of goods (a three headed rotary electric shaver) could be valid. In earlier proceedings a representation had been found incapable of registration representing only the function of the . .