Court of Appeal Rules on SHORTSTV Trade Mark Validity

The Court of Appeal has upheld a High Court decision that the word mark SHORTSTV is partially invalid for most goods and services. Shorts International Ltd brought proceedings against Google LLC over use of signs in connection with the YouTube Shorts service. The court found that “shorts” is descriptive of short-form audiovisual content and that the mark lacked distinctiveness in relation to the relevant classes. It also confirmed that the mark could not be enforced against Google’s activities. The ruling clarifies the boundaries of registrability for descriptive terms in the digital media sector.

Small-business owners should conduct thorough searches and seek professional advice before filing marks that risk being seen as descriptive of their goods or services.