Decision Nº O/817/21 from Intellectual Property Office - (Trade market), 4 November 2021
| Judge | Charlotte Champion |
| Registration Number | UK00003505157 |
| Date | 04 November 2021 |
| Court | Intellectual Property Office (United Kingdom) |
| Administrative Decision Number | O/817/21 |
O/817/21
TRADE MARKS ACT 1994
IN THE MATTER OF APPLICATION NO. 3505157
BY ANHEUSER-BUSCH LLC
TO REGISTER THE TRADE MARK
IN CLASS 32
AND
IN THE MATTER OF OPPOSITION THERETO UNDER NO. 421555
BY AMSTEL BROUWERIJ B.V.
Page 2 of 26
Background and pleadings
Class 32: Beers; non-alcoholic beers; low alcohol beers.
2. The application was filed on 26 June 2020, and that is “the relevant date” for the
purposes of these opposition proceedings. The application was published for
opposition purposes on 24 July 2020, and on 24 September 2020, Amstel Brouwerij
B.V. (“the Opponent”) filed a Form TM7 to oppose the registration. The opposition is
based on grounds under sections 3(1)(b), 3(1)(c) and 3(1)(d) of the Trade Marks Act
(“the Act”). The Opponent seeks rejection of the whole application, claiming as
follows:
(i) Under section 3(1)(b), The word 'ultra' will be readily understood by the
average consumer as an everyday English word with meanings including 'extra',
'super', 'very', or 'extremely'. The mark will immediately be perceived as a
promotional or laudatory term which, when used in respect of the goods applied
for, suggests they are superlative or have some positive or favourable
characteristic. The Opponent submits that the plain, unremarkable typeface does
not add any distinctive character.
As the Applicant's mark wholly consists of the descriptive word “ULTRA”, the
average consumer will not perceive the Applicant's Mark to be a mark of origin
for the Applicant's goods.
(ii) Under section 3(1)(c), the word “ULTRA” may serve to designate the quality,
value or some other characteristic of the goods, for example ultra high or good
quality, ultra low alcohol or low calorie, ultra thirst quenching or ultra
light/strong/pleasant flavour (among others). The Opponent submits that the
average consumer will immediately perceive the word “ULTRA” to be a
promotional or laudatory term which suggests that the goods to which it is applied
are superlative or have some positive or superior characteristic. As it is a
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