The applicants application for invalidity was made on a number of grounds under Sections 3 and 5 and both parties filed evidence in the proceedings, and they also referred to other disputes between the parties. In the event the application only proceeded in respect of Section 3(1)(b) on the basis that the registered mark was without distinctive character, so much of the evidence filed was irrelevant.
The applicants principal submission was that the mark at issue was designed to allude to a Friesian cow and not therefore distinctive in relation to milk, in which the registered proprietor traded, from such animals. The Hearing Officer had little difficulty in deciding that the registered mark was sufficiently stylised to act as an indication of origin and thus the application for invalidity failed.
Citations:
[2002] UKIntelP o11202
Links:
Jurisdiction:
England and Wales
Intellectual Property
Updated: 15 October 2022; Ref: scu.455019