18 May 2007
SONY COMPUTER ENTERTAINMENT INC v. REGISTRAR OF TRADE MARKS
- Citation
- SONY COMPUTER ENTERTAINMENT INC v. REGISTRAR OF TRADE MARKS
- Court
- Court of First Instance
- Case number
- HCMP2620/2006
Applying the Mega Bloks necessary-test to the essential visual impressions of the shapes, the court found the consoles (flat rectangular boxes), controllers (two short rounded grips connected by a rung) and memory card (flat rectangle matching console aperture) were functionally constrained and necessary to obtain technical results and therefore excluded by TMO s.12(3)(b); additionally the shapes were common and lacked inherent or proven acquired distinctiveness under TMO ss.9 and 10, so registration was refused and the appeals dismissed.