The FSA has received numerous enquiries from our members regarding trade mark application, UK00003033940. These members have all expressed concern that the terms ‘Forest School Kindergarten’ and ‘Forest Schools Kindergarten’ are generic terms relating to the practise of Forest School and they have asked the FSA for a formal response.
The directors of the FSA have now considered this issue and have agreed that, as per Intellectual Property Office guidelines, terms that are generic for this sector should not be trademarked by any organisation. The directors have also agreed that, as the UK wide professional body for Forest School, the FSA has a role in highlighting the matter when generic terms may be in the process of being trademarked.
In the specific matter of the trade mark application, UK00003033940, being made by Archimedes Trading Ltd, the directors of the FSA agree that both the terms are generic terms used to describe practise and services in this sector. They are non distinctive and should therefore be free for everyone in this sector to use.
The FSA has written to Archimedes Trading Ltd to explain our position and requesting that they withdraw the trademark application for both of these terms. The response indicated that they are not willing to withdraw the application in its entirety.
In this context the FSA directors agreed to write to the Intellectual Property Office (IPO) making third party observations on the application. The FSA directors agreed to write a joint letter to the IPO with other national and UK level organisations who have expressed concern. On 6th March 2014 the FSA, the Royal Society of Wildlife Trusts, Forest School Wales and Forest Education Network wrote to the IPO. This letter may be seen through the link below.