The High Court has ruled the Fiji Intellectual Property Office was correct not to issue a registration of a trademark to RC Manubhai and Co Pte Ltd in 2020.
The trademark application comprised the words “Elements beyond expectation” with a device of an electrical male plug inserted into the artistically designed letter “n”, which along with other letters, formed the word “Elements”.
The Fiji Intellectual Property Office said the plug device in the Trademark was a direct reference to the character of goods.
“The plug device gives the description in relation to the product. The essential element that requires attention here is not the word, but the plug device, which is conspicuously embedded in the letter “n” of the word “Elements”,” said Justice Mohamed Mackie in his March 7 ruling.
“At a mere glance, it immediately shows the public as to what type of goods are being sold.
“In short, what this court observes is that the disputed plug device found in the letter “n” has tainted the word “Elements” in the Trademark sought to be registered.
“As a result, the said word has lost its legitimacy to be rightfully registered in terms section 8 (1) (d) of the Act.
“This court has no alternative but to affirm the decision of the FIPO not to register the Trademark No- 271/ 2020 lodged by the Appellant (RC Manubhai).
