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NR Feedback: How Did Saatchi's TM The Silver Fern?

Scoop Reader:

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?


The Tmexpert


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?



Scoop Reader:

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.


The tmexpert

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