The Court held that using a halal certification logo on food packaging did not constitute trade mark infringement because the logo was not being used as a trade mark for services but merely to indicate the halal quality of the goods. The Court found that consumers would not perceive the small certification logo as indicating the trade source of certification services, particularly given the prominence of the product brand names. The Court ordered cancellation of HCA's trade mark registration on the basis it consisted entirely of descriptive elements and was likely to deceive or cause confusion.
The full text is available to signed-in members, including the 1 later case that cites this judgment.