South African company Bodtrade has registered the
phrase: 'You can't be a virgin all of your life, it's
time', despite opposition from global brand Virgin Enterprises
Limited.
Virgin objected to Bodtrade's application for the phrase -
in respect of telecommunications and catering services - on the
basis it had a 'huge' reputation in its trade mark VIRGIN
for a wide range of goods and services, including
telecommunications and catering services.
Virgin claimed that if the application were granted, it would
take an unfair advantage of, or would be detrimental to, the VIRGIN
trade mark.
It also argued that the public would be confused into thinking
Bodtrade was in some way associated with Virgin as 'the
public has an expectation that [Virgin]...will introduce new and
different products and services on a regular basis', and
therefore the public would assume the phrase was connected to
Virgin.
