21 February, 2014
Spruson

Bioengineering AG [2014] ATMO 14

Bioengineering AG [2014] ATMO 14

An application for a stylised version of the word ‘bioengineering’ refused registration on the grounds pursuant to section 41, namely, the trade mark is essentially the English word ‘bioengineering’.

The applicant attempted to claim that the trade mark would, in fact, be read as B OENG NEER NG and that this was a ‘nonsense word not apt for ordinary description of anything’.  In response the Hearing Officer noted numerous examples of trade marks on the Register where the letter ‘i’ is represented in a stylised format, leading to the Hearing Officer’s view that overall the trade mark was not capable of distinguishing.

To view the Office decision, click here.


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