Cambridge Uni blocks boat race beer TM
The University of Cambridge has convinced the UK Intellectual Property Office (IPO) to reject a brewery’s attempt to register the trademark ‘Cambridge Blue’.
Oxfordshire-based Chadlington Brewery had developed and marketed the ‘Cambridge Blue’ beer as part of a promotion campaign for the 2020 boat race between the University of Cambridge and the University of Oxford.
The IPO accepted the application and published it in the trademarks journal on May 10, 2019, in Class 32, which covers beers.
The University of Cambridge opposed the application under Section 5(2), claiming a close similarity to four of its marks: the word marks Cambridge, University of Cambridge, North West Cambridge and its University of Cambridge logo.
Liam Carmichael, the university’s brand protection manager also claimed that ‘Cambridge Blue’ was already “closely associated” with the university, as the term is often associated with its sports teams.
‘Cambridge Blue’ was first adopted by the university at the annual boat race and rugby match against the University of Oxford in 1938, according to Carmichael.
The IPO said in the ruling: “I consider that a significant part of that relevant public who recognises the opponent’s marks is also aware of the use of the term ‘Cambridge Blue’ by Cambridge University and will make the necessary link between the marks.”
Chadlington Brewery’s application was refused and was ordered to pay filing and hearing fees.
‘Unfair advantage’
The brewery’s director Jason Chipchase claimed that it had been using the ‘Cambridge Blue’ mark since January 2020 to “support retail establishments and rowing clubs” involved in the annual boat race between the universities.
The brewery has also been selling ‘Oxford Blue’ beer since 2018 “without any objection from Oxford University”.
In the office’s analysis, the IPO found a “medium” degree of similarity between the brewery's application and the university’s logo registered in class 33 (all other alcoholic beverages) as well as the North West Cambridge word mark registered in class 35 (retail services connected to the sale of beers).
Regarding likelihood of confusion, the IPO ruled that consumers purchasing the Cambridge Blue beer are likely to assume that the beer would originate from the opponent.
The IPO said: “Given what I have said in relation to the applicant’s mark giving rise to a false message that the goods have been authorised, recommended or approved of by the opponent, it will result in the applicant’s goods being represented as being connected with the opponent in such a way as to lead people to accept them on the faith of the opponent’s reputation.
“This, in my view, will give an unfair advantage to the applicant.”
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