In February 2012, the applicant, Mr Dale Vince, filed an EUTM for the word mark ELECTRIC HIGHWAY.
Registration was sought for goods and services in in Classes 9, 12
and 39. The brand is used by Mr Vince's company in connection
with the provision of an electric car-charging network at motorway
stations across the United Kingdom.
In April 2014, the application was rejected for services
relating to the 'transmission, distribution and supply of
electricity; transmission, distribution and supply of
hydro-electricity; storage, transportation and delivery of
electricity; transmission, distribution and supply of electricity
for vehicles' in Class 39.
On appeal, the Board of Appeal dismissed the appeal. In
particular, it took the view that the mark applied for consisted of
a simple combination of words which would immediately be understood
by the relevant public, composed of professionals but also
English-speaking consumers who own electric vehicles, as
designating a public
