30 Mar 2012
MARS NEW ZEALAND LIMITED V HEINZ WATTIE'S LIMITED HC WN CIV-2011-485-002089
- Citation
- openlaw-d1571fbf_db2e_45d2_9bcc_2d1925702687.pdf
- Court
- High Court
The Court allowed the appeal and ordered registration of Trade Mark Application 780858 because the respondent failed to establish that the words 'ADVANCED DOG NUTRITION' had an independent reputation or trade mark significance distinct from the dominant CHAMP device, the opposed mark was not similar overall and there was no realistic likelihood of confusion or deception nor basis for objection under s17(1)(b) or s25(1)(c).