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North Pole Bananas – A blog about Australian Trade Marks Law

A blog about Australian Trade Marks Law

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North Pole Bananas – A blog about Australian Trade Marks Law | northpolebananas.com Reviews

https://northpolebananas.com

A blog about Australian Trade Marks Law

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1

What is a trade mark? |

https://northpolebananas.com/law/what-is-a-trade-mark

Defined terms in the TMA. Similar goods and similar services. What is a trade mark? Grounds for rejecting an application. S 41 – not distinguishing. Cases – NO inherent adaptation to distinguish. Cases – SOME inherent adaptation to distinguish. S 42 – scandalous or contrary to law. S 43 – likely to deceive or cause confusion. S 44 – identical etc trade marks. S 44(3) – honest concurrent use. S 44(4) – prior use. S 58 – applicant not the owner. S 58A – opponent’s earlier use. S 62A – bad faith. The Shell ...

2

s 43 – likely to deceive or cause confusion |

https://northpolebananas.com/law/grounds-for-rejecting-an-application/s-43-likely-to-deceive-or-cause-confusion

Defined terms in the TMA. Similar goods and similar services. What is a trade mark? Grounds for rejecting an application. S 41 – not distinguishing. Cases – NO inherent adaptation to distinguish. Cases – SOME inherent adaptation to distinguish. S 42 – scandalous or contrary to law. S 43 – likely to deceive or cause confusion. S 44 – identical etc trade marks. S 44(3) – honest concurrent use. S 44(4) – prior use. S 58 – applicant not the owner. S 58A – opponent’s earlier use. S 62A – bad faith. Section 43...

3

s 60 – similar to another mark with a reputation |

https://northpolebananas.com/law/grounds-of-opposition/section-60

Defined terms in the TMA. Similar goods and similar services. What is a trade mark? Grounds for rejecting an application. S 41 – not distinguishing. Cases – NO inherent adaptation to distinguish. Cases – SOME inherent adaptation to distinguish. S 42 – scandalous or contrary to law. S 43 – likely to deceive or cause confusion. S 44 – identical etc trade marks. S 44(3) – honest concurrent use. S 44(4) – prior use. S 58 – applicant not the owner. S 58A – opponent’s earlier use. S 62A – bad faith. That had a...

4

s 59 – no intention to use |

https://northpolebananas.com/law/grounds-of-opposition/s-59-no-intention-to-use

Defined terms in the TMA. Similar goods and similar services. What is a trade mark? Grounds for rejecting an application. S 41 – not distinguishing. Cases – NO inherent adaptation to distinguish. Cases – SOME inherent adaptation to distinguish. S 42 – scandalous or contrary to law. S 43 – likely to deceive or cause confusion. S 44 – identical etc trade marks. S 44(3) – honest concurrent use. S 44(4) – prior use. S 58 – applicant not the owner. S 58A – opponent’s earlier use. S 62A – bad faith. Create a f...

5

Law |

https://northpolebananas.com/law

Defined terms in the TMA. Similar goods and similar services. What is a trade mark? Grounds for rejecting an application. S 41 – not distinguishing. Cases – NO inherent adaptation to distinguish. Cases – SOME inherent adaptation to distinguish. S 42 – scandalous or contrary to law. S 43 – likely to deceive or cause confusion. S 44 – identical etc trade marks. S 44(3) – honest concurrent use. S 44(4) – prior use. S 58 – applicant not the owner. S 58A – opponent’s earlier use. S 62A – bad faith. Get every ...

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