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No kidding -- a mark to get your goat!

By Johanna Gibson, David Pearce, Jeremy Phillips and Ilanah Simon.

The wonderful trade mark depicted above, and recently unearthed by the Trademark Blog, sparked off a sudden thought: could it be registered in Europe as a Community trade mark or a national mark?  The Kat's immediate thought is that could not.  While the idea may be novel and capable of distinguishing its owner's services from those of others, the requirement of graphic representation in Europe would appear to demand that the depiction be such as to enable a court or examiner to identify the mark with a view to being able to compare it with other marks. Since the description here fails to specify the number of goats, their size, gender, or physical appearance -- or even whether they are live, dead or artificial -- there is no clear basis upon which to make such a comparison.

Exit Stage Right: the goat departs

Merpel adds, there are so many other interesting issues to consider.  For example, how does one, on a global examination, determine how the relevant consumer will perceive a mark of which, unless he travels by helicopter or wears stilts, he will only be able to see a small part.  And what would constitute a similar mark: sheep on the roof, a combination of sheep and goats -- or goats grazing on Astroturf? Can anyone advise?

More on Al Johnson's Swedish Restaurant and Butik here
One place in Al Johnson's where you won't find goat: the menu
English goats on the roof here
Cat on the roof here
Fiddler on the roof here

Full post as published by IPKat on October 05, 2010 (boomark / email).