A Cromwell company has failed in its bid to register a trademark for cherries, following opposition from a North Island company with a similar trademark.
Judare Investments Ltd, previously known as Cromwell First National Real Estate, had applied for the trademark ''Yummy yummy cherries'', with a circular logo featuring a person's face.
But Johnny Appleseed Holdings, registered in Hastings, opposed the application, saying it was similar to its registered mark ''Yummy'', incorporating a Y-shaped logo, and covered similar goods and would likely deceive or confuse consumers.
The decision, released by the Intellectual Property Office of New Zealand - Trade Marks earlier this year, said the use of the mark proposed by Judare Investments ''would be likely to prejudice the interests of the opponent by diluting its well-known mark'' and ''blur the distinctiveness'' of Johnny Appleseed's mark.
Johnny Appleseed Holdings, whose directors and shareholders are all from Hastings and Havelock North, started using the Yummy logo mark on its fruit in the late 1980s and registered the ''Yummy'' mark in 1997 for nectarines, peaches, apples, pears and apricots. It also uses the mark for cherries.
Judare Investments director Henry Van der Velden said the company had used a ''Yummy Yummy'' logo on its packaging since 2011.
He said he did not know of any ''instances of confusion'' with Johnny Appleseed's logo.
But Assistant Commissioner of Trade Marks, Wendy Aldred, said evidence by others showed confusion among some buyers.
The Companies Register says Judare Investments Investments Ltd is registered at Kawarau Gorge Rd, Cromwell, and its two directors are Henry Theodore Van der Velden and Pamela Faye Van der Velden. They are also listed as shareholders, as well as Neil Christopher Macdonald, of Dunedin.
Costs of $3290 were awarded to Johnny Appleseed Holdings.
