IPEC Upholds Pear Trade Marks Against Rival Importer

The Intellectual Property Enterprise Court has ruled that four UK trade marks for “Mountain Pear” and “Yu Lu Fragrant Pear”, registered in both English and Chinese characters for fresh fruit and related retail services, are valid and have been infringed. Wang Zeng International Limited, an importer of specialist Chinese fruit, brought the claim after Bing Bing Foods Limited admitted using identical signs on identical goods without consent. The defendants counterclaimed that the marks were descriptive, devoid of distinctive character, customary in the trade or registered in bad faith. Her Honour Judge Melissa Clarke rejected those arguments, finding no credible evidence that the signs functioned as generic variety names at the relevant filing dates of December 2019 and July 2021. The average consumer would not have recognised them as describing characteristics of pears. The court also held the company’s sole director jointly liable as a joint tortfeasor while dismissing the claim against the company secretary. An injunction was granted and the counterclaim dismissed in full.

Small businesses should secure early registration of distinctive names for product lines rather than relying on descriptive terms that competitors may later challenge.