Trade mark decision

BL Number

O/198/00

Decision date

14 June 2000

Hearing Officer

Mr C Bowen

Mark

RAINFOREST

Classes

32, 33

Applicant

Patrick L'Estrange Gillon

Opponent

Mistic Brands Inc

Opposition

Section 3(1)(b)

Result

Section 3(1)(b) - Opposition successful

Points Of Interest

• None.

Summary

The opponents had applied to register their mark MISTIC RAIN FOREST NECTARS in the USA. That Office had refused to accept the mark applied for, without disclaimer of the words RAIN FOREST NECTARS since it was established that in the USA the term RAIN FOREST was in common usage in relation to a variety of goods. The Hearing Officer reviewed the evidence filed by the opponents which included an Internet search conducted by the opponents trade mark Attorneys regarding the use of the word in the UK. From the totality of the evidence filed the Hearing Officer concluded that there has been descriptive use of the words RAIN FOREST to describe goods sourced from a rain forest. As such evidence was not refuted by the applicant the Hearing Officer found the opponents successful in their opposition.

Full decision O/198/00 17Kb