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World
Intellectual Property - IP Laws - UK
Registration
of Identical Trade Mark - Emanuel
Elizabeth
Emanuel, a celebrity fashion designer who set up her own business
transferred ownership of assets, including a UK application for
a trade mark consisting of a heraldic device and the words Elizabeth
Emanuel to another company of which she was part owner. The
mark was registered. But things started to go wrong for Emanuel,
the mark was transferred to another company, Frostprint where she
worked just for one month. After she left, the mark was assigned
to another company that applied to register a variation of the mark.
She opposed the amendment and sought revocation of the original
trade mark, embodying her name, on the grounds that it deceived
consumers as he had no links with the company that now owned the
mark.
The case
was heard by the appointed person from UK Patent Office who referred
to ECJ to seek clarifications whether a trade mark is likely to
deceive the public and is therefore prohibited from registration
when it has been transferred from the original owner. However,
Elizabeth challenged the authenticity of the appointed person to
refer the matter to ECJ. The European Court of Justice gave
a decision that " a trade mark corresponding to the name of
the designer and first manufacturer of the goods, may not be refused
on the grounds that it would deceive the public, in particular where
the goodwill associated with that trade mark." The court
also ruled that the so-called appointed person from UP Patent Office,
appointed by Lord Chancellor must be regarded as a court or tribunal
under Article 234 EC and therefore his authenticity cannot be challenged.
However,
the case is left to the national court to decide whether in this
presentation of mark, there is any intention on the part of the
company which lodged the application to register variation of that
mark to make the consumer believe that Ms. Emanuel is still the
designer of the goods bearing the mark or that she is involved in
their design.
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