Trade mark decision

BL Number
Decision date
14 June 2000
Hearing Officer
Mr C Bowen
32, 33
Patrick L'Estrange Gillon
Mistic Brands Inc
Section 3(1)(b)


Section 3(1)(b) - Opposition successful

Points Of Interest

  • None.


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 PDF document17Kb