27/06/06
FLAVOUR MARK not palatable to the TTAB
Under US law, trade marks that are essential to the use or purpose of a product are not registrable.
The US Trade Mark Appeals Board maintained the decision of the Trade Marks Office that the flavour could not distinguish Organon’s pharmaceutical products as it consisted of a feature (flavour) which only serves a functional role – to mask the unpalatable taste of medicine.
A registrable trade mark can be a word, logo, label, aspects of packaging, shape, colour, sound, or smell IF it serves as a source identifier. In the above case, the Board ruled that the orange flavour of the tablet would not be seen by consumers as a trade mark, but, rather as a feature that makes the pill more palatable.
30/01/06
UGH-BOOTS gets the boot!
Who owns UGG, UGH, or UGH-BOOTS? NOBODY!
In a recently handed down decision by the hearing officer Ian Thompson, the Registrar directed that the registered mark UGH-BOOTS be removed from the register on the grounds of non-use during the last three years.
Moreover, the hearing officer observed that the words “UGG” and “UGH” had become generic in relation to sheepskin boots. Full decision available on the IP Australia website.
