Fish London Limited v Tish & Snooky's N.Y.C Inc

Fish London Limited (the applicant) sought to register the trade mark "FISH & CHIPS" in class 43 of the Nice Classification, covering services for providing food and drink, and temporary accommodation. Tish & Snooky's N.Y.C Inc (the opponent) opposed this application, arguing that the mark was not distinctive and was descriptive of the services offered. The matter came before Katrina Brown, sitting as delegate of the Registrar of Trade Marks.

The primary legal issue before the delegate was whether the trade mark "FISH & CHIPS" was capable of distinguishing the applicant's services from those of other traders. The opponent contended that the mark was a generic term for a common dish and therefore lacked the necessary distinctiveness to function as a trade mark for restaurant and catering services. The applicant, conversely, argued that the mark, when used in conjunction with its name, could acquire distinctiveness.

The delegate considered the ordinary meaning of "fish and chips" as a well-known food item. She noted that the public would likely perceive the mark as a description of the food offered rather than an indication of the commercial origin of the services. Applying the principles of trade mark law, which require a mark to be capable of distinguishing the goods or services of one trader from those of others, the delegate found that "FISH & CHIPS" was inherently descriptive and lacked the necessary distinctiveness for registration in class 43. The delegate concluded that the opponent's opposition should be upheld.