BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

United Kingdom Intellectual Property Office Decisions


You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> RAINFOREST (Trade Mark: Opposition) [2000] UKIntelP o19800 (14 June 2000)
URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o19800.html
Cite as: [2000] UKIntelP o19800

[New search] [Printable PDF version] [Help]


RAINFOREST (Trade Mark: Opposition) [2000] UKIntelP o19800 (14 June 2000)

For the whole decision click here: o19800

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

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.



BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o19800.html