According to the New Zealand Herald, the New Zealand Intellectual Property Office has ruled that the All Blacks' proposal is not sufficiently distinctive.
The New Zealand Rugby Union (NZRFU) already has trade marks in the words but it wanted to trade mark a combination of black rugby top with white collar, and a silver fern symbol.
This was, it said, necessary to protect the many people who buy such jerseys in the belief that they are endorsed by the NZRFU.
According to the New Zealand Herald, clothes manufacturers objected to the application, arguing that New Zealanders had a right to use other versions of the fern symbol. They argued that they had been selling similar tops for years before the NZRFU submitted its trade mark application, and the Union had not taken action against them in that time.
In a ruling published on Tuesday, assistant commissioner of trade marks, Jennie Walden, found in favour of the clothes manufacturers, commenting that the fern was not registrable because it was “very broad in scope and had a low level of inherent distinctiveness".
The NZRFU expressed disappointment at the decision.
"We'll continue to watch very closely and ensure the rights we already have in place are not infringed. And if they are, we will act," NZRFU deputy chief executive SteveTewtold the New Zealand Herald.
