Decision Nº O/0131/24 from Intellectual Property Office - (Trade market), 20 February 2024
| Judge | Mrs J Pike |
| Registration Number | UK00003549988 |
| Administrative Decision Number | O/0131/24 |
| Court | Intellectual Property Office (United Kingdom) |
| Date | 20 February 2024 |
O/0131/24
IN THE MATTER OF APPLICATION NO. 3549988
IN THE NAME OF ALCOHOL RESEARCH UK FOR THE MARK
DRY JANUARY
IN CLASSES 6, 9, 14, 18, 21, 28, 29, 30, 32, 35 AND 43
AND
THE OPPOSITION THERETO
UNDER NO 431445 BY
BIG DROP BREWING COMPANY LIMITED
Page 2 of 45
Background and pleadings
1. On 29 October 2020, Alcohol Research UK (“the applicant”) applied for the trade
mark DRY JANUARY (application 3549988) for goods and services in classes 6, 9,
14, 18, 21, 28, 29, 30, 32, 35 and 43. Following publication, the application was
partially opposed by Big Drop Brewing Company Limited (“the opponent”) in respect
of the following goods and services:
Class 30: coffee, tea, cocoa.
Class 32: Non-alcoholic drinks; water.
Class 35: Advertising, promotional activities, and marketing services in relation to
the sale of beverages; retail services relating to the sale of food and beverages;
provision of information, consultancy and advice relating to the aforesaid.
Class 43: Services for the provision of food and drink; restaurants, cafes, coffee
shops, bars; hotel services; provision of information, consultancy and advice relating
to the aforesaid.
2. The grounds of opposition are that the application offends sections 3(1)(a), (b),
In summary:
•Section 3(1)(a): against all the goods and services listed above. The mark
fails to satisfy the definition of a trade mark in section 1(1) of the Act because
its lack of distinctiveness, descriptiveness and generic nature mean that it
cannot distinguish the goods and services of one undertaking from another;
•Section 3(1)(b): against all the goods and services listed above because the
mark is a direct reference to abstaining from alcoholic beverages by ‘going
dry’ during January.There are no additions to the words allowing the mark to
identify the applicant’s goods as theirs alone and it has no such goods, nor
Page 3 of 45
will the applicant sell such goods (the pleading does not identify services
here, but they are listed below the pleadings as the goods and services which
are opposed under section 3);
•Section 3(1)(c): against all the goods and services listed above, because the
public will recognise the mark as a description and/or characteristic of a
particular product with the intended purpose to reduce and/or abstain from
alcoholic consumption during January. The mark indicates the kind and
intended purpose of the goods (again, the pleading does not identify services
here, but they are listed below the pleadings as the goods and services which
are opposed under section 3);
•Section 3(1)(d): against all the goods and services listed above because use
by other providers of signs being or predominantly consisting of DRY
JANUARY in relation to the sale of non-alcoholic and low-alcoholic beverages
to effect a reduction in alcoholic consumption during January predate the
applicant’s filing date. Use of such a sign has become customary for this
purpose and registration should be refused for the goods and services listed
above;
•Section 3(6): against all the goods and services listed above. The applicant
neither produces, provides or sells non-alcoholic, low alcoholic beverages or
beverages per se. Seeking registration for the contested goods and services
prevents legitimate producers and sellers selling such products and providing
the same during January and other times in the year.Registration should be
refused to prevent an unfairmonopoly arising andoffending against section
3(6);
•Section 5(4)(a): against the goods and services above in classes 30, 32 and
35 on the basis that the opponent has used the sign #DRYJANUARY from
November 2016 throughout the UK in relation to non-alcoholic beverages, low
alcoholic beverages, manufacture of and retail service connected to the sale
of the aforesaid beverages.Customers and potential customers would
believe that the applicant’s goods and services are connected or are from a
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