Unregistrable trademarks: take a porridge break — if you know what I mean?

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A UK appointed person has found that the trademark PORRIDGEBREAK was unregistrable in class 30 for ‘porridge oats, cereals’.

He held that it was: (1) descriptive, in that it indicated the intended purpose of the goods applied for (that they should be eaten during a break) and/or a characteristic of the goods (the time at which they are to be eaten, namely during a break); and (2) devoid of distinctive character, in that it would be taken by the average consumer as describing a break taken to eat porridge…

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