EU FOOD PROPOSAL TO CURTAIL TRADE MARKS?

The UK Patent Office is warning trade mark owners (both registered and unregistered) that a proposed piece of EU legislation may prevent them from using their trade marks. The proposal for a Regulation of the European Parliament and of the Council on nutrition and health claims made on foods (COM (2003) 424) aims to prevent deceptive claims about foodstuff being made. It pursues this aim through the establishment of a positive list of permitted nutrition claims and procedures for pre-market authorisation of health claims. However, there is concern that owners of certain trade marks, particularly those which make “healthy option” claims will be stopped from using their marks unless they are either on the permitted list or if they obtain pre-market authorisation. The UK therefore is proposing that brand names should be exempted, as long as they are accompanied by a permitted claim.

Health food waiting to be branded

The IPKat welcomes the UK’s commitment to balancing the need for consumers to be protected from deception with the right of trade mark owners to use their property.

More deceptive foods here, here and here