Trade mark decision

BL Number
Decision date
25 January 2008
Hearing Officer
Mr M Foley
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)


Application for invalidation, Sections 3(1)(b), (c) & (d): partially successful.

Points Of Interest

  • None


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.

Full decision O/019/08 PDF document52Kb