Tesco has announced that it has abandoned its endeavours to trademark the blue dashes under its logo. The decision comes after Tesco failed to overturn the decision made by the UK Intellectual Property Office to reject the application.
The application was originally rejected by the Hearing Officer in August 2014 on the grounds that the shape Tesco were purporting to trademark was too simple. As such the intellectual Property Office decided that the dashes could not be registered as a separate trademark to the word Tesco. Tesco already own the trademark for the logo as a whole. At the time Tesco said that they would continue with their attempts to register the dashes and as such last month Tesco took the case to a hearing in order to appeal the decision.
At the hearing held in September 2014 with the Intellectual Property Office Tesco purported to prove that the original decision by the Hearing Officer was wrong in concluding that the dashes should not be registered as a trademark. Tesco claimed that shoppers identify the dashes with Tesco, even without the company name Tesco. To this end Tesco had conducted a survey to demonstrate this.
A decision on the case had been expected in the coming months. However Tesco have now announced that they have withdrawn the trademark application. Tesco would not comment on whether it would continue to pursue attempts to register the trademark.
The Hearing Officer suggests that the case was ‘hopeless’, said Lee Curtis, partner and trademark attorney at law firm HGF. Curtis further commented:
“The simple fact is that the registration of the dashes logo has en rejected as it has not been accepted as acting as an independent badge of trade origin. It appeared Tesco had proactively removed the application to avoid building up a series of “adverse” decisions against the case, should the retailer wish to reapply in future”.
Written by Fozia cheychi, a work experience student.