Claim No: IP-2022-000086 - [2024] EWHC 1430 (IPEC)

In relation to the Builder Studio Pro Mark, which has an identical specification to the Builder Word Mark and Builder Home Mark, the Defendants submit that the Studio Pro element adds little to the average consumer’s overall impression of the registration because: (i) STUDIO is allusive of the platform or means of building; and (ii) PRO is a laudatory term akin to PLUS, EXTRA or similar, as a contraction of PROFESSIONAL, and indicates that the tools of the studio or the results of the build are of a superior quality, as was the tenor of Mr Girdhar’s evidence. The Defendants submit that BUILDER STUDIO PRO is therefore descriptive of the same parts of the specification as highlighted in respect of the Builder Word Mark and the Builder Home Mark for the same reasons, i.e. that it does nothing more than designate the kind, intended purpose and broad characteristics of the goods and services and is therefore descriptive and non-distinctive.