Cases

Re Brampton Manor Trade Mark

Held

Allowing the application: (1) There was no bad faith. The school had consented to the application. The L.E.A. agreed with registration. It was obvious why the Apps would seek to register a number of trade marks as each badge related to a different school. (2) where a rights owner consented to have a mark registered by a third party, this did not breach s.3(1)(b). Even if the rights owner permits more than one supplier to make the goods, they still had to adhere to standards laid down by the organisation. Arsenal v Reed [2001] RPC 46 referred to. (3) Following BABY DRY & DOUBLEMINT(ECJ), the question was whether the average consumer would view the mark as designating the essential characteristics of the goods. The purchaser would reconise the mark as indicating the clothing was manufactured to the school's standards. It was loosely analagous with 'badges of allegiance' which were capable of registration. The opposition under s.3(1)(c) failed.

Also