Trade mark decision

BL Number
O/110/00
Decision date
21 March 2000
Hearing Officer
Mr M Knight
Mark
COFFEE HOUSE AROMA
Classes
30
Registered Proprietor
Kraft Jacobs Suchard Ltd
Applicant for declaration of Invalidity
Nestle UK Ltd
Invalidity
Section 47(1) and Section 3(1)(a), (b) and (c)

Result

Section 47(1) - Application for invalidity succeeded

Points Of Interest

  • None

Summary

Held: that the combination of (standard) words in Coffee House Aroma had enough of a "capricious alteration" to meet the requirements of Section 1(1), thus avoiding the objection under Section 3(1)(a).

Noting that there was (a) no use of the mark in suit prior to the date of the application for registration of the mark and (b) only descriptive use of the mark after that date, whereby the provisos to Section 3(1) and Section 47(1) did not apply, the Hearing Officer addressed the issues raised under Section 3(1)(b) and (c) as at the date of the application. Having decided that the term Coffee House was not so archaic as to render it fanciful, as compared to more modern terms such as Coffee Bar or cafe, the Hearing Officer held that the mark was devoid of distinctive character and descriptive of a characteristic of all the specified goods.

Full decision O/110/00 PDF document24Kb