The Royal Mint Ltd v The Commonwealth Mint And Philatelic Bureau Ltd

The Royal Mint Ltd v The Commonwealth Mint And Philatelic Bureau Ltd

The term 'SOVEREIGN' is a denomination and kind of gold commemorative coin, commonly used in the trade and by consumers to describe such coins, including those not produced by the Royal Mint. The evidence did not establish that a significant proportion of the relevant public perceived 'SOVEREIGN' alone as indicating origin from the Royal Mint. Therefore, the mark is excluded from registration under sections 3(1)(c) and (d) of the Trade Marks Act 1994, and has not acquired distinctiveness.

Parties
Appellant (applicant): The Royal Mint Limited; Respondent (opponent): The Commonwealth Mint and Philatelic Bureau Limited
Jurisdiction
England and Wales
Judgment Date
03 March 2017
Procedural Posture
Trade Mark Appeal / Appeal From Trade Marks Registry Decision
Outcome
Appeal dismissed
Legal Topics
Absolute Grounds for Refusal, Descriptiveness, Customary Usage, Acquired Distinctiveness, Denomination of Coins
Intellectual Property Trade Marks Absolute Grounds for Refusal Descriptiveness Customary Usage Acquired Distinctiveness Denomination of Coins

Case Brief

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Parties

The Royal Mint Limited

Appellant (applicant)

The Commonwealth Mint and Philatelic Bureau Limited

Respondent (opponent)

Procedural Posture

Trade Mark Appeal / Appeal From Trade Marks Registry Decision

Legal Issues

  1. 1 Whether 'SOVEREIGN' is excluded from registration under section 3(1)(c) and (d) of the Trade Marks Act 1994
  2. 2 Whether 'SOVEREIGN' has acquired distinctive character through use
  3. 3 Whether the Hearing Officer erred in evaluating evidence and legal principles

Ratio Decidendi

The term 'SOVEREIGN' is a denomination and kind of gold commemorative coin, commonly used in the trade and by consumers to describe such coins, including those not produced by the Royal Mint. The evidence did not establish that a significant proportion of the relevant public perceived 'SOVEREIGN' alone as indicating origin from the Royal Mint. Therefore, the mark is excluded from registration under sections 3(1)(c) and (d) of the Trade Marks Act 1994, and has not acquired distinctiveness.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.