Company sought to register term ‘STINKY’ a trade mark for weedkiller. Held:
· 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
Ø even though most important characteristic of weedkiller is its effectiveness at killing weed