Can someone Trade Mark a place name for their product?
Posted: Thu Jul 29, 2010 3:41 pm
Hello,
A friend of mine has just opened an indian restaurant in Stockport called "Harappa" and has found out that someone has already got a product (a brand of Bombay Mix) which is also called "Harappa". The owners of the bombay mix are already kicking up a fuss because they have Trade Marked the word "Harappa". They have already had a legal trade-mark "specialist" write to the restaurant.
An extract from an IP Office Search on the Harappa Trademark is at the end of this post.
Our argument is that Harappa is a place name. It is the name of both an aincient civlization and a modern town in Punjab. My question is, should they have been able to trade mark this word in the first place & can force the restaurant name to be changed?
Any advice would be much apprectiated.
Thanks. Silas Murray.
IP OFFICE SEARCH for HARAPPA ...
____________________________________________
Status
Status:RegisteredClasses:29, 30, 43Relevant dates
Filing date:01 April 2009Next renewal date:01 April 2019Registration date:24 July 2009Publication in Trade Marks Journal
First advert:Journal:6785Publication date:15 May 2009Registration:Journal:6798Publication date:14 August 2009List of goods or services
Class 29:Snack foods, Snack food products, Prepared snack foods, Bombay Mix, Crisps, Snack Bars [foodstuff], Foodstuffs in the form of snack foods, Prepared Meals, Prepacked prepared meals, Prepared cooked meals, Prepared frozen meals, Curry [prepared meals with or without rice]
Class 30:Snack Foods, Snack food products, Prepared snack foods, Snack bars [foodstuffs], Foodstuffs prepared in the form of snack foods, Noodles, Foodstuffs prepared in the form of savory snack foods, Crisp snack food products, Cereal based snack foods, Extruded savory snackfoods, Snack foods consisting principally of bread, Prepared foodstuffs in the form of sauces, Cooking sauces, Curry sauces, Canned sauces, Savory Sauces, Spicy Sauces, Sauces [condiments]
Class 43:Services for providing food and drink, Restaurant, Restaurant services specialising in Indian cuisine, Restaurant services specialising in Tandoori cuisine, Restaurant services for the provision of burgers, fries and cola, Restaurant services for the provision of fast food, Grill Restaurants, Self service restaurants, Restaurant services provided by hotels, Restaurant services incorporating licensed bar facilities, Snack bar services, Snack bars
A friend of mine has just opened an indian restaurant in Stockport called "Harappa" and has found out that someone has already got a product (a brand of Bombay Mix) which is also called "Harappa". The owners of the bombay mix are already kicking up a fuss because they have Trade Marked the word "Harappa". They have already had a legal trade-mark "specialist" write to the restaurant.
An extract from an IP Office Search on the Harappa Trademark is at the end of this post.
Our argument is that Harappa is a place name. It is the name of both an aincient civlization and a modern town in Punjab. My question is, should they have been able to trade mark this word in the first place & can force the restaurant name to be changed?
Any advice would be much apprectiated.
Thanks. Silas Murray.
IP OFFICE SEARCH for HARAPPA ...
____________________________________________
Status
Status:RegisteredClasses:29, 30, 43Relevant dates
Filing date:01 April 2009Next renewal date:01 April 2019Registration date:24 July 2009Publication in Trade Marks Journal
First advert:Journal:6785Publication date:15 May 2009Registration:Journal:6798Publication date:14 August 2009List of goods or services
Class 29:Snack foods, Snack food products, Prepared snack foods, Bombay Mix, Crisps, Snack Bars [foodstuff], Foodstuffs in the form of snack foods, Prepared Meals, Prepacked prepared meals, Prepared cooked meals, Prepared frozen meals, Curry [prepared meals with or without rice]
Class 30:Snack Foods, Snack food products, Prepared snack foods, Snack bars [foodstuffs], Foodstuffs prepared in the form of snack foods, Noodles, Foodstuffs prepared in the form of savory snack foods, Crisp snack food products, Cereal based snack foods, Extruded savory snackfoods, Snack foods consisting principally of bread, Prepared foodstuffs in the form of sauces, Cooking sauces, Curry sauces, Canned sauces, Savory Sauces, Spicy Sauces, Sauces [condiments]
Class 43:Services for providing food and drink, Restaurant, Restaurant services specialising in Indian cuisine, Restaurant services specialising in Tandoori cuisine, Restaurant services for the provision of burgers, fries and cola, Restaurant services for the provision of fast food, Grill Restaurants, Self service restaurants, Restaurant services provided by hotels, Restaurant services incorporating licensed bar facilities, Snack bar services, Snack bars