Cases

Re Brampton Manor Trade Mark

Facts

The Applicants were suppliers of school uniform to a number of schools & had registered other school badges as TMs with the permission of the respective school. The Apps applied to register the badge of Brampton Manor School as a trade mark in Class 25 for school uniform. The Opponent contended that: (1) registration was contrary to s.3(1)(b) & (c) as the badge was incapable of distinguishing between the goods of different suppliers of school uniform & the mark denoted a characteristic of the goods - that they are intended to be worn by pupils of that School; (2) there was bad faith as the Apps were seeking monopoly rights in a mark to which they were not entitled. They had no intention of using the mark to distinguish their goods from other traders but rather as decoration on clothing to be worn by pupils of Brampton Manor. The Apps evidence was schools wanted uniform to be supplied via official suppliers to guarantee quality and they had the permission of Brampton Manor School.

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