The applicant had sought registration of the ‘Swiss Miss’ mark. Objection was raised on the ground that it was misleading in suggesting any connection with Switzerland.
Held: The appeal succeeded as to some uses, but not in general. The court had a discretion to amend the registration, but should not do so in the absence of the views of the Trade Marks Registry, and the issue was therefore remitted.
Judges:
Peter Gibson LJ, Schiemann LJ, Mantell LJ
Citations:
[1998] EWCA Civ 1140
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – GE Trade Mark HL 1973
A trade mark must be ‘distinctive’, it must be recognisable by a buyer of goods to which it has been affixed as indicating that they are of the same origin as other goods which bear the mark and whose quality has engendered goodwill. Trade Marks . .
Cited – Re Jellinek’s Application 1946
Romer J discussed the test to be applied under section 11: ‘[Counsel] submitted to me the following propositions with regard to this section: (1) In all applications for registration of a trade mark the onus is on the applicant to satisfy the . .
Cited – BALI Trade Mark 1969
Section 11 and its predecessors were designed not so much for the protection of other traders in the use of their marks or to protect their reputation but for the protection of the public. The test of confusion in section 11 is not the same as the . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property
Updated: 20 November 2022; Ref: scu.144619