Critical Examination of the Concepts of Same Description and Closely Related in Australian Trade Marks Law: What are the Relevant Tests?
AUSTRALIAN INTELLECTUAL PROPERTY JOURNAL | Thomson Reuters | Published : 2018
Several provisions in the Trade Marks Act 1995 (Cth) require a determination on whether goods are of the same description or whether services are of the same description or whether goods and services are closely related. The most important provisions are s 44(1) and (2) and s 120(2) where the same description and closely related concepts are used to extend these provisions beyond the goods and services for which a trade mark is registered or sought to be registered. The same description and closely related concepts are thus important concepts in Australian trade marks law but they have never been legislatively defined. This article analyses much of the Australian case law considering these c..View full abstract