15 Dec 2009
RE CREATIVE RESOURCES LLC
- Citation
- RE CREATIVE RESOURCES LLC
- Court
- Court of Appeal
- Case number
- CACV15/2009
The Court held that the hearing officer correctly found that the mark 'NAKED' conveys an immediate message that the condoms give a 'naked' feeling and therefore consists exclusively of a sign designating a characteristic of the goods under s11(1)(c) and is devoid of distinctive character under s11(1)(b); the hearing officer's exercise of discretion was properly exercised and deserved deference, so the refusal to register was upheld.