MemorySense Trade Mark Invalidity Decision O/0313/26

The UKIPO issued a final decision declaring the MemorySense word mark invalid in Class 20. The mark was found to be devoid of distinctive character under Section 3(1) of the Trade Marks Act 1994, as it merely described characteristics of the goods. The decision also addressed Section 5(4) regarding passing off claims based on earlier rights arising from registry proceedings.

Trademark applicants and owners should note that word marks consisting of descriptive terms face heightened scrutiny under UKIPO examination. Businesses should ensure their trademark applications demonstrate distinctiveness or have acquired secondary meaning through use before seeking registration. Parties affected by this decision may have appeal rights to the Appointed Person or the courts.