From Hither To Maternity

, piece scouring the web, institute this rather strange niggling registry decision. Casa Damiani applied to register its international registration of the MATERNITY seat for precious metals together with stones together with jewellery etc. inward the United Kingdom of Great Britain together with Northern Ireland of Britain together with Northern Republic of Ireland nether the Madrid Protocol. The Registry refused the application. As good every bit deciding against the applicant on a procedural point, it every bit good institute that the seat was descriptive nether s.3(1)(c) of the Trade Marks Act 1994 every bit it could non distinguish Casa Damiani’s goods from those of other undertakings. The relevant consumer would perceive the seat every bit used inward relation to the goods inward enquiry every bit an indication that the goods sold bearing the sign were suitable to live on offered every bit gifts or tokens of dear together with devotion inward reply to the intelligence that the recipient is pregnant, or that the recipient has given birth. They would perceive the seat inward same vogue every bit they would come across the words ETERNITY, WEDDING or ENGAGEMENT. In other words, consumers would come across the seat every bit an indication that the goods were suitable for that detail event, rather than every bit a sign denoting merchandise origin. For the same reason, the seat was devoid of distinctive grapheme nether s.3(1)(b).

thinks that although it sounds foreign at outset to retrieve of maternity every bit describing jewellery, why would that seat convey been chosen, except to designate the occasions on which the jewellery is to live on given. While it does non depict the goods themselves, it does depict an appear of their intended purpose.

Joys of maternity here, here and here