The Intellectual property Office have responded to the joint letter written by the FSA, the Royal Society of Wildlife Trusts, Forest School Wales and Forest Education Network in the matter of the trade mark application for the terms ‘Forest School Kindergarten’ and Forest School Schools kindergarten’. Their letter is reproduced in full below.
Your Reference: Kindergarten
Trade Mark No: UK00003033940
Examiner: Sarah Grant
Direct Telephone: +44(0)1633814130
Date: 11 March 2014
Dear Sir,
Trade Mark No: UK00003033940
Mark: Forest Schools Kindergarten
Series of Marks: 2
Owner: Archimedes Trading Ltd
Class(es): 41,43
Your Letter of Observations
Thank you for your letter of 6 March 2014 providing observations on UK00003033940 – ‘Forest Schools Kindergarten’ (Series of 2).
In regards to UK00003033940 – Forest Schools Kindergarten, I am able to act based on the information you have provided and have come to the preliminary view that the mark may have been accepted in error. I have therefore written to the applicant advising them of this and invited them to respond. I have attached a copy of this letter for your reference.
I should point out that the application has not been finally refused at this stage as the applicant has the right to respond, although I may refuse to register the mark at a later date under Section 40 of the Trade Marks Act 1994.
Your observations do not amount to an opposition to the registration of this mark.
I hope this clarifies the Registry’s position and satisfies your concerns in regards to the acceptance of these marks, if you would like any further information please contact me.
Yours Faithfully,
Sarah Grant
Senior Trademark Examiner
Background to this letter may be read here
We understand that other letters of third-party observation have been sent to the IPO and that the IPO have made a late objection, permitted under Section 40 (1) of the Trade Marks Act 1994. This is because ‘this application may have been accepted in error and is contrary to section 3(1) (b) & (c) of the Trade Mark Act.’ On the basis that;
‘The application is not acceptable in Classes 41 and 43, for the marks ‘Forest
Schools Kindergarten’ & ‘Forest School Kindergarten’ (Series of 2) under
Section 3(1)(b) and (c) of the Act. This is because the marks consist exclusively
of a sign which may serve in trade to designate the kind of services e.g. outdoor
educational and preschool (kindergarten) nursery services based in or around the
outdoors, specifically a forest. The term ‘Forest School’ appears to be in wide
usage in this field..’
The IPO will make the final decision as to whether or not the application should be accepted in its entirety.
