IPEC Upholds Pear Trade Marks in Infringement Dispute

A recent Intellectual Property Enterprise Court ruling has confirmed the validity of two UK trade marks for Asian pears, rejecting claims that the signs MOUNTAIN PEAR and YU LU FRAGRANT PEAR were generic, descriptive or lacking distinctiveness. The claimant, which first introduced Gong pears to the UK market under the invented branding, successfully established infringement by a rival using identical signs on supermarket shelves and invoices. The court found the marks had been coined as brands rather than varietal names and that evidence of use did not support genericism arguments. Counterclaims alleging bad faith in the original filings were also dismissed after the judge accepted unchallenged testimony on the applicant’s genuine belief in the marks’ distinctiveness at the time. The decision underscores that even allusive or potentially descriptive signs can enjoy robust protection when supported by clear branding evidence and market introduction.

Small-business owners should document brand creation and first-use evidence meticulously when filing trade marks for potentially descriptive terms.