A Southend nightclub owner has successfully opposed an application by a restaurant and nightclub chain to trademark the name “Mezzanine”.
Robin Levy claimed that registration of the name as a trademark by Mezzanine Group plc, formerly known as Pembertons Group plc, could cause problems for the continuing operation of one of his nightclubs on a mezzanine-floor level.
He argued that Mezzanine Group, whose venues include the award-winning restaurant Smollensky’s-on-the-Strand and the private members’ club Room, in Fulham, should not be able to trademark what is a common word that describes a location.
Agreeing, trademark judge Geoffrey Hobbs QC held that “mezzanine” was a common and readily understood word used to identify a low storey within a building located between two others, usually between the ground and first floors.
He maintained that the decision turned on the tendency for that word to be used and understood in that context, as would be clearly recognisable in other examples such as basement, ground floor, balcony, terrace, patio, rooftop and riverside.
He said: “It seems to me that the propensity of the word ‘mezzanine’ to designate an aspect of location is as real in the case of an establishment that provides nightclub services as it is in the case of an establishment that provides restaurant services.
“Such is the consequence of the word mezzanine being a plain way of referring to an intermediate floor or storey of a building, especially one that is situated between the ground and first floor, and the far from unlikely prospect of services of the kind specified being provided by establishments located at mezzanine-floor level in a building or complex of buildings.”
In such circumstances, he said, the relevant trademark hearing officer should have refused both applications. He ordered Mezzanine Group to pay £350 towards Levy’s costs of opposing the application.
References: EGi Legal News 24/2/04
