Trade mark decision

BL Number

O/341/06

Decision date

29 November 2006

Appointed Person

Mr Geoffrey Hobbs KC

Mark

MOO JUICE

Classes

29

Registered Proprietor

Almighty Marketing Ltd

Applicant for Invalidity

Milk Link Ltd

Invalidity

Section 47(1) based on Section 3(1)(b), (c) & (d)

Result

Section 47(1) based on Section 3(1)(b), (c) & (d): Appeal dismissed. Invalidity action failed.

Points Of Interest

• See Hearing Officer’s decision dated 15 March 2006 (BL O/070/06).

Summary

In his decision dated 15 March 2006 (BL O/070/06) the Hearing Officer concluded, that at the relevant date, the term MOO JUICE may have been in use as a slang term in the USA and Australia but there was no evidence that it was known in the UK as a descriptive term for milk.

On appeal the applicant submitted that the Hearing Officer had given insufficient weight to the fact that American words and terms migrate to the UK and consequently that in the future the term MOO JUICE might be seen in a descriptive sense in the UK. The Appointed Person carefully reviewed the Hearing Officer’s decision and the evidence filed in the proceedings. He concluded that the Hearing Officer had been right to reject the application for invalidity and he went on to dismiss the appeal.

Full decision O/341/06 36Kb