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.

Full decision O/126/00 PDF document33Kb