APPEAL UPHELD

Evening Star, Issue 19271, 9 June 1926, Page 8

APPEAL UPHELD

USE OF WORD " LADDERFROBF " [Pin United Pbess Association.] ■WELLINGTON, June 9. ■ The use of the word “ ladderproof as a stocking trade-mark was disallowed by a reserved judgment of the Gmct Justice to-day on an appeal by a number of softgoods importers throughout f,ew Zealand from the decision of the Registrar of Trade-marks allowing registration in the name of George A.. Bond Company. The grounds of the objection were that the word laddorr proof 51 was not capable of_ distinguishing the goods of the applicants; that the proposed mark had not been used upon or in connection with the goods in such a manner as to indicate they were the goods of the applicants; that the word was in common use by manufacturers to indicate a peculiar quality of manufactured article; and in no case was it distinctive of the goods of any particular manufacturer. His Honor found that the word “ladderproof” was not, in fact, used by the applicants for the purpose of indicating their goods as distinguished from other manufacturers; that the primary meaning of the word was descriptive, not distinctive: that the word had not in the Now Zealand hosiery trade acquired a distinctive meaning denoting the applicants 1 goods. The appeal was allowed, and the allowance of registration was voided.