McGRAW-HILL COMPANIES INC v NATION MEDIA GROUP LIMITED [2007] KEHC 572 (KLR)
- Court
- High Court of Kenya
- Case number
- 572
- Citation
- [2007] KEHC 572 (KLR)
- Decided
- 19 April 2007
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeTrade Mark DisputePostureAppeal from Assistant Registrar's decision to refuse registration of trade markCoramF. AZANGALALA
Holding
The court upheld the Assistant Registrar's decision to refuse registration of the mark 'Business Week' as it was not distinctive and the mark was not a well-known trade mark.
Facts
The plaintiff, McGraw-Hill Companies Inc., sought to register the mark 'Business Week' for goods under Class 16 of the International Classification, but the Assistant Registrar refused registration. The defendant, Nation Media Group Limited, did not contest the appeal.
Issues
- Whether the Assistant Registrar erred in law and fact in refusing registration of the mark 'Business Week'
- Whether the Assistant Registrar misapprehended the evidence or applicable principles
Reasoning
The court found that the words 'Business Week' were commonly used in the media and that the Assistant Registrar's decision was not based on material facts or misapprehension of the evidence.
Outcome
Appeal dismissed
Authorities cited
Legislation (1)
- Trade Marks Act, Chapter 506 of the Laws of Kenya
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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