Big braseiro

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See also sections 9 and 67 of the Trade Marks Act. It is again argued that in any event, the facts in the Re Clement case above and the instant case are not the same. In conclusion, it is submitted, that the appellants did not register “FERODO” as their trade mark alone, but all the component parts as contained in exhibit D were registered and the appellants are entitled to the exclusive use of all of them to market their. “A mere geometrical outline, such as is commonly used as border for embellishing other marks, will not be accepted as a distinctive mark.” The learned counsel for the respondent further argued that an examination of exhibits C, K and K1 and exhibit D, and bearing in mind that the appellants’ mark could only have qualified for registration under section 9(1)(a) of the Trade Marks Act, it becomes clear that only the word FERODO was registered as trade mark No. 38604. Further to above P.W.2 gave the name of the appellants’ brake pads as “FERODO”. “A large red rectangle, a black and white chequered strip stretching from one side to the other at the lower end of the rectangle. A small black rectangle centrally positioned in the upper half of the red rectangle in which it is inscribed in white capital letters the word FERODO.” “The first matter that I have to determine upon that is, what is the trade mark It has been urged on the part of the defendant that there is no infringement because the trade mark is not that which the plaintiffs allege it to be , the words “Gripe Water” but is infact the words “Gripe Water” printed in letters which I have described and the scroll or decoration upon which they are so printed. The answer to that – and I think it is a good answer – is this: that this is infact a word mark, it was infact registered as a word mark, and that it is not a case in which I can either say that the mark is the ornamentation with the words added, or that is a mark made up of a combination of words in common use with an ornamentation. I think that Mr. Walter’s argument is right, that whichever it was, if it was a good mark, the abstraction from it and the user by others of the words “Gripe Water” would constitute an infringement.” There is no doubt that the appellants claim registration of their trade mark under section 9 of the Trade Marks Act, Cap. Felipe simão.They usually have free spins, respins, and several bonus games. There are devices with a risk game.
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