NR Feedback: How Did Saatchi's TM The Silver Fern?
Re: your story on the Robert's black jumbo.
Regardless of the merit of the idea, I would like to to know how Saatchis managed to register the silver fern trademark? Surely it's a generic symbol?
My understanding is that it is the representation of the fern - a new one - that has been trademarked not the fern itself..
You may be able to shed more light?
As long as it was plain at registration that the proprietor did not claim exclusive rights to a "silver fern" just that version, the registration would appear appropriate. I don't know the conditions of this marks' registration, but I would expect there to be a disclaimer to this effect on view for the benefit of other traders.
Otherwise such traders may get the false impression that they couldn't actually use the "silver fern".
When I worked for IPONZ disclaimers were entered for this precise reason - but now they appear to be (for reasons I cannot fathom) redundant.
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