The Royal Mint Ltd v The Commonwealth Mint And Philatelic Bureau Ltd [2017] EWHC 417 (Ch) (03 March 2017)

The Royal Mint Ltd v The Commonwealth Mint And Philatelic Bureau Ltd [2017] EWHC 417 (Ch) (03 March 2017)

The word 'SOVEREIGN' is a kind of gold commemorative coin and a denomination, is customary in the trade, and has not acquired distinctiveness as a trade mark for The Royal Mint Limited; thus, it is excluded from registration under sections 3(1)(c) and 3(1)(d) of the Trade Marks Act 1994.

Citation
[2017] EWHC 417 (Ch)
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 of Trade Mark Registration, Descriptiveness, Customary Usage, Acquired Distinctiveness, Denomination of Coins
Intellectual Property Trade Marks Absolute Grounds for Refusal of Trade Mark Registration Descriptiveness Customary Usage Acquired Distinctiveness Denomination of Coins

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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 sections 3(1)(c) and 3(1)(d) of the Trade Marks Act 1994
  2. 2 Whether 'SOVEREIGN' has acquired distinctive character through use

Ratio Decidendi

The word 'SOVEREIGN' is a kind of gold commemorative coin and a denomination, is customary in the trade, and has not acquired distinctiveness as a trade mark for The Royal Mint Limited; thus, it is excluded from registration under sections 3(1)(c) and 3(1)(d) of the Trade Marks Act 1994.

Court Disposition

Appeal dismissed

Orders

  • Application for registration of 'SOVEREIGN' as a trade mark refused