Trade mark application number 2543951 (classes 9 and 41) –

This decision concerns an application for trade mark registration number 2543951 in classes 9 and 41, brought by an applicant seeking to register the mark MORE PLACES. The application was opposed, and the matter came before a Hearing Officer.

The central legal issue was whether the proposed trade mark MORE PLACES was registrable under section 41 of the relevant legislation, specifically whether it was adapted to distinguish the applicant's goods and services or if it was a descriptive term that other traders might legitimately wish to use.

The Hearing Officer reasoned that the phrase MORE PLACES did not describe the goods and services in a specific way, but rather in a broad manner lacking specificity. Applying the principles established by the High Court, which emphasize the common right of the public to use language without fear of infringement, the Hearing Officer found that there was ample scope for honest and fair use of the words MORE PLACES by other traders without impinging on the applicant's rights. The Hearing Officer noted the absence of evidence suggesting other traders wished to use the phrase to describe similar goods and services.

Consequently, the Hearing Officer determined that the trade mark was registrable for the specified goods and services and that there was no proper ground for rejection under section 41.