UK Government (Ministry of Housing, Communities, and Local Government)
Sector: Government / Intellectual Property
Themes: Public interest litigation, trade mark opposition, cultural rights
A UK government department faced a sensitive IP issue involving a series of trade mark applications filed by a private foundation relating to WINDRUSH, a historically significant term. The marks risked restricting public and institutional use of a culturally resonant name associated with national commemoration efforts. I represented the department in opposition proceedings before the UKIPO. The legal strategy centered on establishing bad faith under the Trade Marks Act 1994, supported by evidence of non-distinctiveness and broader public interest concerns. The case required careful legal positioning, alongside an acute awareness of political context and reputational sensitivity. The opposition succeeded on multiple grounds. The matter has since been referenced as a key example of how trade mark law can be used to preserve collective memory and prevent monopolisation of historically significant terms.
