Jul 11, 2022

A Monopoly over Love

A Welsh business has been able to obtain UK trade mark protection for Welsh words “CARIAD” (translating to “love”), HIRAETH (loosely translating to “longing”) and “WELSH CAKE”, and the trade marks are listed as valid on the UK Intellectual Property Office website.

Fizzy Foam Ltd is the proprietor of the trade marks, and trades as HANDMADE WELSH CANDLE. The company also applied to register “HANDMADE WELSH CANDLE” but this application was rejected.

UK trade marks are divided into classifications, depending on which goods/services they are applied in respect of. This is governed by what is known as the NICE Classification, which is an internationally accepted standard, dividing all goods/services for trade mark purposes into 34 classes of goods and 11 classes of services – a total of 45 classes. Fizzy Foam Ltd’s trade marks trade marks listed above all specify candles in class 4.

The BBC recently reported the complaints of a competitor of HANDMADE WELSH CANDLE who has reluctantly observed the potential limitations on her freedom to sell candles bearing the terms, including “cariad”, which some consider a plain language Welsh term, the use of which should not be limited by trade mark law.

If you have any questions on the above, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or legal@mcdanielslaw.com

in: Legal News, News, Trade Marks

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