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Whisky too weak to receive a trade mark

The New Zealand High Court has reversed a decision by the Assistant Commissioner of Trade Marks that upheld an application by the Mill Liquor Save for the word mark MacGowans covering "whisky flavoured spirits; none of the foregoing being whisky", despite opposition by the Scotch Whisky Association.

In its first ground of opposition, the Association alleged that use of MacGowans on "whisky flavoured spirits" would be likely to deceive or confuse the relevant public into thinking that the MacGowan's product...

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