5 Jun 1979
RE BAUSCH AND LOMB INCORPORATED
- Citation
- RE BAUSCH AND LOMB INCORPORATED
- Court
- Court of First Instance
- Case number
- HCMP203/1979
The Registrar erred in treating phonetic equivalence as ipso facto unregistrable and in ignoring the applicant's two years' bona fide use and evidence of acquired distinctiveness; on the facts the mark 'SOFLENS' is capable of distinguishing the applicant's goods and registration must proceed subject to limiting the specification to soft contact lenses to avoid deception.