VSESOTUZNOJE EXPORTO—IMPORTNOE OBJEDINENIE “RAZNORPORT” TRADE MARK APPLICATION (NO. 12877)

(1966) JELR 65730 (SC)    
Supreme Court  ·  16 Mar 1966 ·  Ghana
 · 
Other Citations
[1966] GLR 247
CORAM
OKYERE-DARKOH J.
Core Terms Beta
palma
propounded mark
words
geographical name
goods
mark
opponents
pall mall
registration
relation
word
affidavit
applicants
applicants’ goods
application
april
careful consideration of the submissions
case
cause confusion
class
clement
confusion
consisting of a label
counter statement of the applicants
deception
earth’s surface
evidence
geographical significance
guineas
intention
label
learned counsel
matches
name of any place
okyere-darkoh j.
place
provisions of the trade marks ordinance
reasons
registered proprietors of the trade mark no.
registrar
registration of the mark
respect
st. raphael
support of the opposition
terms of section
trade mark
trade marks
trade marks ordinance
use

OKYERE-DARKOH J.: The opponents are the registered proprietors of the trade mark No. 5243 consisting of a label bearing the words “Pall Mall” effected on 23 April 1949 in class 45 in respect of cigarettes. It was contended by the opponents that the propounded mark so nearly resembles their registered trade mark as to be calculated to deceive and therefore it should not be accepted for registration. It was submitted that the propounded mark in relation to matches is liable to cause confusion or deception or both and would facilitate the passing off of the applicants’ goods as the opponents product sold under the “Pall Mall” label. It was finally submitted that the word “Palma” has geographical significance and hence the mark is not entitled to registration under the terms of section 9 (4) of the Trade Marks Ordinance.1

After careful consideration of the submissions made by both learned counsel and after going through the affidavit in support of the opposition and the counter statement o…

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