12 Dec 2005
EFFEM FOODS LTD V CADBURY LTD HC WN CIV-2004-485-2127
- Citation
- openlaw-da24f554_55bf_445e_b777_39f91521de1c.pdf
- Court
- High Court
PURPLE is not inherently adapted to distinguish the applicant's goods because the word is apt to be legitimately used descriptively by other traders to denote purple-coloured goods or packaging; the negative exclusion of purple-coloured goods does not cure the inability of the word to function as an inherently distinctive mark for the broad categories specified, and accordingly the mark fails the distinctiveness requirements of s 14(1)(d)/(e) and the lesser test in s 15, so registration must be refused.