0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

scrabble tile trade mark invalidly registered

7 December 2012

The High Court has ruled that a shape mark registration for a Scrabble tile was invalidly registered.

The mark was described as “a three dimensional ivory-coloured tile on the top surface of which is shown a letter of the Roman alphabet and a number in the range of 1 to 10”, and was represented as follows:

The court held that the mark was not a sign nor was it capable of being represented graphically with sufficient clarity, precision, intelligibility or objectivity.

Ultimately, this decision is the right one. Without clearly defining the dimensions of the tile, the mark covered all conceivable combinations for an ivory-coloured tile shape with a letter and number on the surface, undoubtedly leading to confusion over the scope of protection of the mark.

By contrast, in Nestle v Cadbury the court held that a mark for the colour purple being the “predominant” colour applied to packaging was sufficiently certain to be capable of registration.

related opinions

Compulsory drone registration goes live on 1 October 2019

As part of the continued tightening of the restrictions on drone use within UK airspace, the latest amendments to the Air Navigation Order 2016 come into force on 30 November 2019.

View blog

Cyber risks – are businesses really ready?

The Hiscox Cyber Readiness report, a review of 3300 organisations, will be a stark warning for CEO’s of SME’s in the UK and in Europe.

View blog

Artificial intelligence in legal and contracting

With its claims to disrupt and transform many areas of our lives, AI is now part of our day to day vocabulary.

View blog

Supreme Court rules no discrimination in 'gay cake' case

The Supreme Court in Lee v Ashers Baking Company Ltd was asked to consider whether a refusal to make a cake in support of gay marriage amounted to discrimination because of sexual orientation, religious belief or political opinion.

View blog

mailing list sign up

Select which mailings you would like to receive from us.

Sign up