Allens Arthur Robinson - Nestle’s ‘GO ON…’ mark held not inherently adapted to distinguish

Nestle’s ‘GO ON…’ mark held not inherently adapted to distinguish - Amanda Andreazza, Lawyer reports on Bennett J’s decision in Unilever Australia Ltd v Societe Des Produits Nestle SA [2006] FCA 782 to allowed an application to cancel Nestle’s ‘GO ON…’ trade mark on the basis that it was not inherently adapted to distinguish Nestle’s goods from those of other traders:

  • “Justice Bennett provides a helpful summary of the case law on ‘inherent adaptability to distinguish’ in other jurisdictions including the UK, the European Court and the United States”
  • “The decision is a cautionary tale for traders and shows that the use of a mark may not protect it from cancellation if the mark lacks the capacity to distinguish. Therefore, care should be taken in the choice of marks, especially when they are to be used as, or as part of, a slogan”

Link to Allens Arthur Robinson article


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