SCOTLAND THE TRADE MARKED

The Scotsman reports that the Trade Mark Registry has allowed a company to register EDINBURGH PALE ALE, even though the beer is brewed in Dunbar. This appears to have been a relative grounds opposition, with the opponent failing to establish that there would be confusion with its EDINBURGH STRONG ALE. Moreover, the hearing officer found that consumers would not be deceived as to the geographical origin of the goods.

The IPKat says that it’s hard to judge deception as to geographical origin without seeing the evidence but he reckons that, with regard to the confusion argument, the hearing officer has made a good call. Any other approach would grant a monopoly in a geographical term, which would not be good.