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 >> MOO JUICE (Trade Mark: Revocation) [2006] UKIntelP o34106 (29 November 2006)
URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o34106.html
Cite as: [2006] UKIntelP o34106
[New search] [Printable PDF version] [Help]
MOO JUICE (Trade Mark: Revocation) [2006] UKIntelP o34106 (29 November 2006)
For the whole decision click here: o34106
Trade mark decision
- BL Number
- O/341/06
- Decision date
- 29 November 2006
- Hearing officer
- Mr Geoffrey Hobbs QC
- Mark
- MOO JUICE
- Classes
- 29
- Registered Proprietor
- Almighty Marketing Ltd
- Applicant for Invalidity
- Milk Link Ltd
- Invalidity
- Section 47(1) based on Section 3(1)(b), (c) & (d)
Result
Section 47(1) based on Section 3(1)(b), (c) & (d): Appeal dismissed. Invalidity action failed.
Points Of Interest
- See Hearing Officer’s decision dated 15 March 2006 (BL O/070/06).
Summary
In his decision dated 15 March 2006 (BL O/070/06) the Hearing Officer concluded, that at the relevant date, the term MOO JUICE may have been in use as a slang term in the USA and Australia but there was no evidence that it was known in the UK as a descriptive term for milk.
On appeal the applicant submitted that the Hearing Officer had given insufficient weight to the fact that American words and terms migrate to the UK and consequently that in the future the term MOO JUICE might be seen in a descriptive sense in the UK. The Appointed Person carefully reviewed the Hearing Officer’s decision and the evidence filed in the proceedings. He concluded that the Hearing Officer had been right to reject the application for invalidity and he went on to dismiss the appeal.