Silver fern trademark bid denied

Published: 3:45PM Wednesday December 14, 2005 Source: RNZ

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The New Zealand Rugby Union has lost its bid to trademark the black jersey and silver fern.

The union applied to trademark a black jersey or casual shirt, with a white collar and silver fern in 2001, but the application was opposed by 10 companies.

In her written decision, assistant commissioner of trademarks Jennie Walden said the union's application was very broad in scope and had a very low level of distinctiveness.

The lawyer for the 10 companies, Alex McDonald, says the decision by the Intellectual Property Office to turn down the Rugby Union's application is an important victory for smaller New Zealand firms.

He says the black jersey with the silver fern has transformed into a national icon over the years and is manufactured and sold by many honest traders.

The New Zealand Rugby Union says it is disappointed with the decision.

NZRU deputy chief executive Steve Tew says people may be misled by the many products on offer. He says the union will continue to try and stop people trading off its intellectual property in other areas.

News is running a people's choice for the top 10 news stories for 2005 . If you would like to have your say please do so.   

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