Geography Reference
In-Depth Information
(i)
Geographical indications with a reputation (or in an areawith a reputa-
tion) for the goods/services listed in the application or for
closely
related
goods/services
Such applications are likely to be refused unless the applicant can show
why the name applied for is nevertheless unlikely to be used by other
undertakings in relation to the goods or services concerned. For example,
the name of a particular spring may be registrable for water even though it
is in an area with a reputation for that product, if
(1)
the applicant can show that he is the sole owner of the rights to
exploit the spring water and no other water in that area is entitled to
be sold under the name of the spring, and
(2)
the name is not so well known as being
merely
the name of a spring as
to be incapable of also designating the trade source of the product.
(ii)
The goods are natural produce
The names of places which are likely to be the source of natural produce
are unlikely to be registrable as trade marks for such goods even if the
place identified by the mark has no specific reputation. However, the
names of very small locations (small in this sense means area as well as
population) are unlikely to be used in trade as designations of geographi-
cal origin because - without reputation - the place is unlikely to mean
anything to the relevant public. A place will have to be obscure before its
name could be registered as a trade mark for
unprocessed
products of the
kind frequently sold from roadsides and farm shops, such as fruit and
vegetables, flowers, potatoes, water, eggs and milk. A slightly more relaxed
view may be taken where the product is
processed
natural produce. Again,
without a specific reputation, the goods are more likely to be identified
with the (generally larger) place of processing, or the name of the wider
area, rather than the small villages where the raw materials were grown.
(iii)
Local Services
A cautious approach will be taken to the registration of geographical
names for local services such as hairdressing, window cleaning and
retail-type services such as the organisation of car boot sales. However,
each case will be judged on its merits and the names of very small places
(population of less than 5000) may still be registrable.
6.13
In relation to applications for signs which are the names of other places with no
reputation for the goods/services in the application and where the application
does not include natural produce or local services the UK Trade Marks Manual
lists the following criteria against which registrability will be assessed:
