It is submitted that the Arsenal case provides an interesting counterpoint to this decision.  In Arsenal, the word Arsenal served more than one purpose, namely allegiance as well as trade origin but that trade origin was the upper.  It is certainly arguable that given the diffusion of the F1 brand and the control exercised over it that F1 is recognisably relevant only to the races organised by FOL. 

Any other use or purpose of the mark, such as to designate an abbreviation of the ‘formula’ of the racing car (i.e. Formula 3000 etc) should perforce be eclipsed by the international diffusion of FOL’s F1 brand.

In Shredded Wheat the point was made that the test relates to whether the average consumer would recognise the mark as distinctive of the goods – that is to say a guarantee of origin. 

The Appointed Person stated that the average consumer would not equate F1 with FOL, who currently had organisational responsibility for the races, rather with the kind of race. 

Mentioned already but of note was the concerted effort at branding which led to a uniform logo-ed F1 being used in all merchandising.  A lesson to all looking to acquire distinctiveness is to be careful of a uniform stylised version of a word mark.

Trademarkroom