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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> MASALA (Trade Mark: Invalidity) [2008] UKIntelP o01908 (25 January 2008)
URL: http://www.bailii.org/uk/cases/UKIntelP/2008/o01908.html
Cite as: [2008] UKIntelP o1908, [2008] UKIntelP o01908
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MASALA (Trade Mark: Invalidity) [2008] UKIntelP o01908 (25 January 2008)
For the whole decision click here: o01908
Trade mark decision
- BL Number
- O/019/08
- Decision date
- 25 January 2008
- Hearing officer
- Mr M Foley
- Mark
- MASALA
- Classes
- 29, 30, 32
- Registered Proprietor
- Masala World Limited
- Applicants for declaration of invalidity
- Raj food Limited
- Application for invalidation
- Sections 3(1)(b); 3(1)(c) & 3(1)(d)
Result
Application for invalidation, Sections 3(1)(b), (c) & (d): partially successful.
Points Of Interest
- None
Summary
The applicants for invalidation claimed that the word MASALA was wholly descriptive of and non-distinctive in relation to, Indian food or cookery.
The Hearing Officer concentrated on the case under Sections 3(1)(c) and 3(1)(d) since success under those provisions must show that the mark was devoid of distinctive character (3(1)(b)).
In the result the Hearing Officer concluded that the objection was indeed well founded in respect of some of the goods specified, but not all. The registration could remain in place with the objectionable items removed.
In view of the partial success of both sides the Hearing Officer made no award of costs.