Quaere as really denoting trade origin on its own but

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{quaere as really denoting trade origin on its own) but no more. Can he then avail himself of the Act to get a monopoly in the common word? If he can, then the 1994 Act 10 enables big business to buy ordinary words of the English language as trade marks at comparatively little cost. In this case the word is "treat" for dessert sauces and syrup. British Sugar Pic sue James Robertson & Sons Ltd. for registered trade mark infringement. 15 Robertson's counterclaim for revocation of the registration. British Sugar's products are well-known to the public under their mark "Silver Spoon" which appears on a large range of their products in an oval device. The Silver Spoon range consists of the following products: sugar (in a range of 12 forms, e.g. caster, icing, preserving, cubes), meringue mix, golden syrup, black treacle and a 20 sweet syrup product which they call 'Treat". There are currently 5 flavours of this product, namely maple, dark chocolate, milk chocolate, strawberry and toffee. The main use of the syrups is for pouring over desserts, particularly ice-cream. It comes in a squeezable plastic bottle 25 provided with a small hole in the cap through which a thin stream of the syrup can be dispensed. Silver Spoon Treat syrups are currently successful, particularly for ice-cream toppings. They have about 50% of die ice cream topping sector of the market. (The figure is given for dessert toppings in Mr. Godwin's witness statement but he made it clear in evidence that the sector was 30 essentially ice-cream toppings). In supermarkets it is placed in the section containing desserts and ice-cream toppings. Sometimes ice-cream toppings are placed next to ice-cream rather than with desserts generally, in which case the Silver Spoon Treat product will be with the other ice-cream toppings. Not surprisingly the label shows a picture of ice-cream onto which the syrup has been 35 poured. The label is reproduced on page 286. British Sugar use "Treat" to advertise their product to the trade. They use puns such as "Treat yourself to a complete range"; "We have a Treat in store for you"; "We've treated you to a winner"; "Go on ... Treat yourself'. They do little 40 by way of advertising direct to the public. "Treat" is registered under No. 1516087. The specification of goods is: "Dessert sauces and syrups; all included in Class 30." 4 5 The effective date of registration was 14 October 1992 . The registration was originally made in Part B of the Register kept under the Trade Marks Act 1938. The evidence supporting the application was a short declaration of the marketing 50 3 189/104/EEC. 21 December 1988 4 See 1938 Act, section 19(1) Downloaded from by Makerere University user on 03 September 2019
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286 Jacob J. British Sugar Pic v. [1996] R.P.C. James Robertson & Sons Ltd.
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  • The Land, Makerere University, SONS LTD, James Robertson, Jacob J

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