If you’ve ever found yourself craving a delicious curry after a night out, you might be familiar with the term ‘Ruby Murray.’ This term, rooted in cockney rhyming slang, has become synonymous with curry since the 1960s. Now, Indian restaurant chain Dishoom is embroiled in a legal battle over its right to use this name for their famous chicken curry.
The Background
The name ‘Ruby Murray’ was registered as a food and drink trade mark by London businessman Tariq Aziz in 2019. However, Dishoom’s lawyers have challenged this, seeking to revoke Aziz’s exclusive rights to the term. Dishoom argues that the term, inspired by the 1950s singer Ruby Murray, has been commonly used to refer to curry and should not be monopolised.
The Legal Standpoint
Dishoom’s stance is based on the principle of “use it or lose it” in trade mark law. They contend that Aziz has never used ‘Ruby Murray’ for commercial purposes. A Dishoom spokesperson stated, “A third party has a trademark registration for Ruby Murray, and we don’t believe that they have ever used it. We have therefore asked the UK IPO to remove the ‘Ruby Murray’ mark from the register.”
Aziz’s Position
Tariq Aziz has responded by asserting his commercial use of the trade mark. He claims the name is in use for a food premises in Islington, north London, which is currently closed for refurbishment but will reopen soon. Aziz has until 15 July to inform the IPO if he wishes to defend his trade mark. If he fails to do so, the trademark will be removed from the register.
The Importance of Genuine Use
This case highlights a crucial aspect of trade mark law: the need for genuine use. Registering a trade mark without actively using it can lead to its revocation. Businesses must ensure their trade marks are not only registered but also actively employed in the marketplace.
Lessons for UK Businesses
Here are some key takeaways for UK businesses from this case:
- Active Use is Essential: Merely registering a trade mark is not enough. You must use it in connection with your goods and services to maintain your rights.
- Regular Reviews: Conduct regular reviews of your intellectual property portfolio. Ensure that all registered trade marks are actively used to avoid potential challenges. This will also ensure that new markets are covered within the classifications for the trade marks.
- Legal Guidance: Engaging with intellectual property specialists such as National Business Register will ensure that your intellectual property is regularly monitored and protected.
Protecting Your Intellectual Property
The ongoing legal battle between Dishoom and Tariq Aziz underscores the importance of protecting your intellectual property. Whether you’re a small business or a large enterprise, understanding and maintaining your trade mark rights is crucial.
Looking for IP or Trade Mark Protection for Your Brand?
If you wish to gain exclusive rights to your business name, logo, tag line or design within the UK or globally, National Business Register Group (NBR) has been assisting businesses with trademarks and brand protection since 1984. Contact NBR on Info@nbrg.co.uk or by calling 0800 069 9090.
Don’t leave your IP to chance – let’s protect your business together.
