New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Exceptions under s26
  • 14 Jun 2011

    SUMATRA V NEW ZEALAND MILK BRANDS COA CA25/2009

    Citation
    openlaw-49ce5564_aaa7_4e97_b79b_3ce3dd50dd51.pdf
    Court
    Court of Appeal

    ANGKOR is sufficiently similar to Milk Brands' ANCHOR word marks used on similar beverage and dairy‑related goods (including non‑dairy creamer and various beverage products) such that registration would be likely to deceive or confuse consumers; s26(b) does not rescue registration for those overlapping goods, but because Milk Brands' registrations had been narrowed by revocation proceedings the ANGKOR mark is no longer precluded in relation to cereal, biscuits and confectionery, so registration is permitted only for those goods.