Federal Court explores test for assessing genericness of word marks with multiple potential meanings


The decision of the Federal Court in CEDC International SP ZOO v Underberg KG provides a useful exploration of the test for establishing whether or not a mark is the name of the goods. Among other things, the court explained that the mark must be assessed from the perspective of the everyday consumer of the goods, but not necessarily from the perspective of a speaker of the language from which the mark originates.

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