According to the New Zealand Herald, the New Zealand
Intellectual Property Office has ruled that the All
Blacks' proposal is not sufficiently distinctive.
The New Zealand Rugby Union (NZRFU) already has trade marks in
the words but it
wanted to trade mark a combination of black rugby top with white
collar, and a silver fern symbol.
This was, it said, necessary to protect the many people who buy
such jerseys in the belief that they are endorsed by the NZRFU.
According to the New Zealand Herald, clothes manufacturers
objected to the application, arguing that New Zealanders had a
right to use other versions of the fern symbol. They argued that
they had been selling similar tops for years before the NZRFU
submitted its trade mark application, and the Union had not taken
action against them in that time.
In a ruling published on Tuesday, assistant commissioner of
trade marks, Jennie Walden, found in favour of the clothes
manufacturers, commenting that the fern was not registrable because
it was “very broad in scope and had a low level of inherent
distinctiveness".
The NZRFU expressed disappointment at the decision.
"We'll continue to watch very closely and ensure the rights we
already have in place are not infringed. And if they are, we will
act," NZRFU deputy chief executive
SteveTewtold the New Zealand
Herald.
