THE BACH TRADE MARK

(Healing Herbs Ltd v Bach Flower Remedies Ltd (21 October 1999))

BFR was the owner of the trade marks BACH and BACH FLOWER REMEDIES in respect of herbal flower remedies ( Healing Herbs Ltd v Bach Flower Remedies Ltd , Court of Appeal, 21 October 1999). The relevant marks were registered in 1979, 1989 and 1991. HHL applied for a declaration that BFR’s marks were invalid on the ground that BACH had become generic. In the High Court, it had been ruled that the expression BACH FLOWER REMEDIES was used to mean, and was understood to mean, the flower remedies generically and not merely the flower remedies made by the Bach centre. This was so from before 1979 until at least the mid to late 80s. It therefore ruled that the marks were invalid.