Dispute Over Numeral "8"

A word, letter, numeral or a symbol used in combination and unrelated to the goods on which it is applied, may create a distinctive trademark. Alternatively it may also result in creating a descriptive trademark. It is settled law that a holder of a descriptive mark, eligible to be protected, has no legal claim to an exclusive right in the primary, descriptive meaning of the term. Consequently everyone is free to use the term in its primary, descriptive sense but so long as such use does not lead to consumer confusion as to the source of goods. In an action for infringement, the "fair use" defence is available only to situations where the alleged infringer employs a trademark in its descriptive sense.