Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> TASTE! (Trade Mark: Ex Parte) [2000] UKIntelP o12600 (7 April 2000)
URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o12600.html
Cite as: [2000] UKIntelP o12600
[New search] [Printable PDF version] [Help]
TASTE! (Trade Mark: Ex Parte) [2000] UKIntelP o12600 (7 April 2000)
For the whole decision click here: o12600
Trade mark decision
- BL Number
- O/126/00
- Decision date
- 7 April 2000
- Hearing officer
- Mr C Hamilton
- Mark
- TASTE!
- Classes
- 30, 45
- Applicant
- Compass Group Plc
- Official Objection
- Section 3(1)(b)
Result
Section 3(1)(b) - Application refused in respect of goods in Class 30
Points Of Interest
- None
Summary
The Hearing Officer allowed division of the application so that one application could be allowed to proceed in respect of catering and related services in Class 45, whilst the other was refused for failure to comply with Section 3(1)(b) in respect of goods in Class 30. In his statement of reasons for such refusal, the Hearing Officer explained that in his view the word TASTE! With its exclamation mark, being the most prominent feature of the two marks in suit (on black/white, one coloured), was likely to be perceived as an exhortation to taste products bearing the marks, and that the underlining of that word emphasised a specific taste (as opposed to being bland). This persuaded him that the mark were devoid of distinctive character since their other features were peripheral, and there was no evidence that the marks had acquired a distinctive character by reason of the use made of them.