A recent European trade mark decision highlights how risky it
can be to simply register the word version of a trade mark that is
used in a stylised form. The case also highlights an issue that may
be worthwhile considering when creating a trade mark –
simpler may be cheaper.
The decision in question involved a European registration for
the trade mark Aunt Bessie's in ordinary script for a range of
foodstuffs. The trade mark Aunt Bessie's is seemingly well
known in the United Kingdom for goods like roast potatoes. The
company that owns the registration opposed an application to
register the trade mark Aunt Berta's in a stylised form for the
same goods.
Although the opposition succeeded in the first tribunal, the
decision was reversed by the Board of Appeal. The Board of Appeal
held that, although the goods were identical, there were sufficient
differences between the trade marks to make confusion unlikely. In
reasoning that raises a few questions, the Board of
