The names ‘Bach’ and ‘Bach Flower Remedies’ remain generic.
Julian Barnard of Healing Herbs has been actively objecting to Nelsons’ trade marking of the name ‘Bach Flower Remedies’ and ‘Bach’ for nearly 20 years. In recent years Healing Herbs has successfully challenged the trade marks throughout the U.K. courts right up to the House of Lords, and has now successfully challenged Nelsons E.U. trademarks in the European courts as well. Congratulations to Julian Barnard and Healing Herbs!
Julian described the courts decision as "a very clear decision" which made a number of telling findings including:-
1. Both the specialised public and the general public considers the terms descriptive and generic
2. Healing Herbs had filed “abundant evidence” to show the terms were generic
3. Nelsons/BFRL failed to prove that the terms had acquired distinctive character when they filed their applications
Showing large sales and advertising expenditure was not good enough
Describing the result Julian said "We are very pleased that our proceedings have been successful; justice has again been done."
The result means that all of those many people across the European Union, who use the terms Bach and Bach Flower Remedies to describe their own or other people’s flower remedies made in accordance with the original directions of the late Dr Edward Bach can do so freely
You can find more information, including the European Community Office for the registration of Community Trade Marks decision in full here.
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