” The word mark MASALA was invalidated by Mr Hearing Officer Foley. He found that the sign, a constituent verbal component of various Indian spice mixtures, was both descriptive and customary in the trade for“cooked vegetables” in the Class 29 specification, “preparations made from cereals” in the Class 30 specification, and “foodstuffs comprising or made from any of the aforesaid goods”.
The mark was merely descriptive for “infusions” and “tea and tea-based beverages”. However, it was valid in relation to beers and soft drinks. The IPKat thinks this is the right decision – he’s not sure how this one got on the Register in the first place”.
I just flipped through the decision and it’s a soundly reasoned one. Interestingly, the registrar relied on an Oxford dictionary definition of the term “masala” to mean “any of a number of spice mixtures ground into paste or powder for use in Indian cookery”.
Of course, we at SpicyIP have a vested interesting in closely following “spicy” developments of this nature…
You mention: “The word mark MASALA was invalidated by Mr Hearing Officer Foley.”
Mike Foley mentions: “The application has been successful, but only in a small part. The registered proprietors sought to defend the entirety of the registration and have lost, but as I have said, only in relation to a small number of goods.”
Please read through the entire post. I’d reproduced the IPkat paragraph which clearly states:
“The mark was merely descriptive for “infusions” and “tea and tea-based beverages”. However, it was valid in relation to beers and soft drinks. “
>>Please read through the entire post.
That is just it: I only realized everything when I read all the way down to the words mentioned above in point 50 on page 14 of the Decision.
I would like to take this opportunity to say “Thank You”
– You are doing such an excellent job, that during the past two months, I have found myself reading your posts almost every day
– I am now doubly impressed with your work – it must be around 9pm on a Saturday but you have taken the time and care to responded so amicably and so quickly
Thanks very much,
Its very kind of you to say so. And we need readers like you to inspire us to do more and to hold us to even higher standards. Look forward to more participation from you.
Shamnad