Company sought to register term ‘STINKY’ a trade mark for weedkiller.
Mark is excluded where it is capable of designating characteristic of goods or services.
This case even if characteristic in question is of peripheral importance to goods.
Thus ‘STINKY’ might not be registrable for weedkiller, even though most important characteristic of weedkiller is its effectiveness at killing weed
IP law notes fully updated for recent exams at Oxford and Cambridge. Th...
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