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4.3.2 Word marks

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If two word marks have dissimilar meanings, they will be more easily distinguished. For example, the idea of the mark POLAROID (polarising light) was held to be different from the idea of the mark SOLAVOID (avoiding the sun), with the result that confusion between the two marks was thought to be unlikely.20

If one mark has a particular meaning and the other mark is an invented word they may be easily distinguished, whereas two invented words (with no known meaning) are more likely to be confused.



Footnote

20 Hannaford & Burton Ltd v Polaroid Corporation [1976] 2 NZLR 14 (PC)


 

Last updated 24 June 2008

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