50 i reject this argument notwithstanding what is

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50 I reject this argument. Notwithstanding what is said on the label, the use of the spread with a dessert is in practice likely to be slight. Mr. Lloyd Jones, Downloaded from by Makerere University user on 03 September 2019
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289 [No. 9] Chancery Division Jacob J. Robertson's Marketing Director, thought that all potential uses of the product, otherwise than as a spread, amounted to less than 5% of volume. The product comes in a jam jar because it is like a jam. No-one would describe a jam as a 5 "dessert sauce" in ordinary parlance, yet it too can be used on a dessert and everyone knows and sometimes does that. Supermarkets regard the product as a spread. The jam jar invites use as a spread. When it comes to construing a word used in a trade mark specification, one is concerned with how the product is, as a practical matter, regarded for the purposes of trade. After all a trade mark 10 specification is concerned with use in trade. The Robertson product is not for the purpose of trade, a dessert sauce. Even if this were wrong, however, there is the further question of included in Class 30. Under the Trade Marks Acts goods and services are divided into a 15 series of classes. The main purpose of the classes is to enable trade mark searching to be carried out. For instance if you have a new mark for a medicine then you search the relevant class, class 5. When this mark, "Treat", was registered the classes were prescribed in Schedule 4 to the Trade Marks and Service Marks Rules 1986. This (like its predecessors) itemises a variety of 20 goods in various classes and added, for the first time, classes of services because service marks had just been made registrable by the amendment Act of 1984. The classification forms part of an internationally agreed system and is known as the Nice Classification, following the 1934 international conference which took place there. It is widely (indeed I believe universally) used by trade mark 25 registries throughout the world and by the so-called "international" system also known as the Madrid Agreement (in the form of the so-called Madrid Protocol) which this country is considering joining. The classification could not and does not explicitly mention all types of goods and services in detail. But there is a very large and comprehensive list of goods and services by which the Registrar 30 goes. His judgment on where goods go is, for administrative reasons, made final 6 . This list is used internationally and is amended from time to time, normally to deal with new kinds of goods or services. Occasionally a particular kind of article or service is moved from one class to another. 35 Generally there is no difficulty in identifying which class is relevant for a particular article. But borderline cases are not infrequent. For these the Registrar often uses the practice of describing the goods or services and adding the words included in this Class or included in Class X. He did that here. The
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  • Fall '19
  • The Land, Makerere University, SONS LTD, James Robertson, Jacob J

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