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United Kingdom Intellectual Property Office Decisions |
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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> COFFEE HOUSE AROMA (Trade Mark: Revocation) [2000] UKIntelP o11000 (21 March 2000) URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o11000.html Cite as: [2000] UKIntelP o11000 |
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For the whole decision click here: o11000
Result
Section 47(1) - Application for invalidity succeeded
Points Of Interest
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.
