Registrar-Generals-Department-Annual-report-1971-1972 — Page 45

rarely go to a hearing before the Registrar; usually one side or the other withdraws, or the parties arrive at some compromise arrange- ment acceptable to the Registrar.

113. There were 10 hearings during the year on objections by the Registrar to applications for registration of trade marks. Particulars of the hearings, which were taken by Mr. J. L. G. MCLEAN, acting for the Registrar of Trade Marks, are as follows:

Mark

1. SAINT LAURENT

rive gauche

Class

25

2. SONIKO

14

3. TABAC

25

4. VISTAMYCIN

5

5. YARDLEY NATURE

LIPIDS

3

Result of Hearing

The mark was unacceptable for registration on the grounds (a) that the words 'SAINT LAURENT' comprise a surname which is not represented in a special or particular manner or which is otherwise capable of registration in terms of section 9(1)(d) of the Trade Marks Ordinance, (b) that the words 'rive gauche' may have a direct reference to the character or quality of the goods, and (c) that the words 'rive gauche' have a geographical signification arising out of the use of those words to describe a particular area of Paris.

(a) The mark conflicts with the SONY Trade

Mark No. 303 of 1970;

(b) the word SONIKO is phonetically too close to the word SONY, forming Trade Mark No. 580 of 1961 registered in Class 9; and

(c) as the word SONIKO is phonetically

indistinguishable from 'SONY CO., which is the name of the proprietor of Trade Marks Nos. 303 of 1970 and 580 of 1961, registration of the trade mark SONIKO would be contrary to the provisions of section 12(1) of the Trade Marks Ordinance.

The mark was unacceptable for registration under section 12(1) of the Trade Marks Ordinance on the grounds of an existing registration of the same mark in Class 3. Decision reserved to enable the applicants to submit evidence to establish whether the product intended to be covered by the trade mark in question is an antibiotic under the Antibiotics Ordinance.

Mark accepted for registration subject to (a) the specification of goods being described as 'all containing lipids', (b) a disclaimer of the words 'NATURE LIPIDS', and (c) the mark being registered in association with eight registered marks and the trade mark of Pend- ing Application No. 214 of 1970, all of which contain the word YARDLEY.

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