TRADE MARKS |
Registration |
Astrazeneca AB v. Novopharm Ltd.
T-810-00
2001 FCT 1171, Kelen J.
30/10/01
8 pp.
Appeal from Registrar of Trade-marks' decision refusing Astra's application for trade-mark "Yellow Tablet Design" consisting of colour: yellow and shape: round for tablets containing felodipine, used in treatment of hypertension--At conclusion of opposition proceeding initiated by respondent Novopharm, Registrar decided trade-mark non-distinctive--Appeal dismissed--Standard of review herein reasonableness simpliciter--Registrar applied correct principle that colour and shape weak basis for drug trade-mark--Registrar's decision reasonable in finding proposed trade-mark not distinctive--Colour and shape do not distinguish tablets herein from other yellow, round tablets--Packaging making drug distinctive, not colour and shape.