9 Jan 2009
RE CREATIVE RESOURCES LLC
- Citation
- RE CREATIVE RESOURCES LLC
- Court
- Court of First Instance
- Case number
- HCMP1607/2008
The court held that NAKED, when applied to condoms, does not directly describe an objective characteristic but is at best suggestive or evocative requiring imaginative inference; therefore it does not fall within TMO s.11(1)(c) and is capable of possessing distinctive character under s.11(1)(b); the Registrar's refusal was unjustified and the appeal was allowed.