23022 Bach Flower Remedies Ltd v Healing Herbs Ltd

Court of Appeal (Morritt, Thorpe, Chadwick LJJ, 21 October 1999) Trade Marks Act 1994, ss3, 10, 46, 47 – eight Bach, Bach Flower Remedies, signature and device marks registered by claimant for products and publications – registrability – distinctive character acquired through use subsequent to registration – use of mark prior to registration – whether names used in generic sense to describe flower remedies made according to teachings of Dr Bach – type of acceptable evidence – appeal dismissed (SRIS C/78/99)

Mr S Thorley QC and Mr M Bloch QC (Cameron McKenna) for the appellant claimant; Mr G Hobbs QC and Mr J Marshall (Taylor Joynson Garrett) for the respondent defendant.