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 it was found that the names had come to be understood as generic names for the remedies, were not capable of distinguishing the goods of one concern from another’s, and the registration must fail.
Gazette 03-Nov-1999, [2000] RPC 513
Trade Marks Act 1994 1(1) 3(1)(a)
England and Wales
Citing:
Appeal from – Healing Herbs Limited v Bach Flower Remedies Limited PatC 22-May-1998
. .
Cited by:
Cited – David West Trading As Eastenders v Fuller Smith and Turner Plc CA 31-Jan-2003
The appellant sought a declaration of invalidity as regards the defendant’s registered mark ‘ESB’. It was claimed to have come to be used as a general designation of certain kinds of beer.
Held: The Philips decision appeared to supercede the . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 September 2021; Ref: scu.135815
