22 Dec 1971
R.J. REYNOLDS TOBACCO CO v. CARRERAS LTD
- Citation
- R.J. REYNOLDS TOBACCO CO v. CARRERAS LTD
- Court
- Court of Appeal
- Case number
- CACV37/1971
The appeal was dismissed because the dominant and distinctive features of the competing marks differ (the word elements and pictorial devices), the red oval/gold band device is a common non-distinctive decorative element in the tobacco trade and cannot be monopolised by colour-limited registration, and on the evidence there was no reasonable likelihood of deception or confusion; consequently no negative colour condition was warranted and the Registrar's dismissal of the opposition was correct.