Geography Reference
In-Depth Information
(a)
How well known the name is as a geographical location. Names that are
well known as being a geographical location are less likely to be registrable
compared to the names of obscure or remote places. However, a name
which is well known but which is fanciful or exotic in relation to the type
of goods or services listed in the application will not be refused simply
because it is well known. For example, 'Marrakech' may be seen as simply a
fancy and exotic name for motor cars (but may be a plausible indication of
the geographical source of other goods, such as carpets, and therefore not
registrable for those goods).
(b)
The goods and services with which the place is associated (if any). For
example, if the mark consists of the name of a town with significant
manufacturing industry it will be reasonable to assume that the town is, or
will become, a source of other manufactured products. On the other hand
a rural location is less likely to be the source of a product which requires
heavy industry, such as vehicles or their parts and fittings.
(c)
Other characteristics of the place, including its size.
6.14
The UK Trade Marks Manual points out that for most goods, the larger the
location the more likely it will appear as a source of goods. Consequently, there
are likely to be difficulties in registering the names of well-known towns and
cities in the UK as trade marks for many types of products. In the case of
London it is pointed out that the well-known central districts, such as Mayfair
and Westminster, have little or no manufacturing industry and their names
would probably not be taken as the geographical origin of goods unless the area
has a specific reputation. The same applies to services, although a more cautious
approach would be justified with local services. It suggests that suburbs or
outlying districts of London, such as Wimbledon, should be treated the same as
a town of a comparable size. However, it may be possible to register names
where, because of the type of place it is, the name appears to be an unlikely
description of the geographical origin of the goods or services, eg HENLEY for
steel.
An early illustration of this principle was
Magnolia Metal Company's Trade-
Marks
19
where the Court of Appeal, noting the existence of obscure towns in
the USA named 'Magnolia', held that its primary significance for UK con-
sumers was not geographical.
6.15
A recent UK illustration of the successful registration of a geographical trade
mark was the decision of the Examiner in
OZARK (Trade Mark: Invalidity)
,
20
6.16
19
[1897] 2 Ch 371.
20
[2002] UKIntelP o14902.
