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

Monday, 23 August 1999, 3:40 pm
Article: Alastair Thompson

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?

regards

The Tmexpert

Scoop:

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?

regards

Scoop

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.

Regards.

The tmexpert

...the tmexpert can be contacted at tmexpert@yahoo.com

© Scoop Media

Alastair Thompson

Scoop Publisher

Alastair Thompson is the co-founder of Scoop. He is of Scottish and Irish extraction and from Wellington, New Zealand. Alastair has 24 years experience in the media, at the Dominion, National Business Review, North & South magazine, Straight Furrow newspaper and online since 1997. He is the winner of several journalism awards for business and investigative work.

Contact Alastair Thompson

• Linkedin
• Twitter - @althecat
• Facebook
• Email - alastair@scoop.co.nz