IP Case Digest · Trade Marks

Best Sport and Freizeit GmbH v. The Registrar of Trade Marks, (T)CMA(TM) 81/2023

Case number
(T)CMA(TM) 81/2023
Date of judgment
Judge
Senthilkumar Ramamoorthy
Outcome
Set aside

Headnote

A composite device mark was refused as descriptive. Such a mark must be examined as a whole and not split into its parts, and section 18(4) lets the Registrar accept an application subject to conditions. The appellant offered on instructions to disclaim the individual words, and that offer was accepted.

Read the judgment (PDF)

Disposition

Disposed of. Order of refusal and grounds of decision set aside.

Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.