Trade marks
A client of your law firm wants to use the trade mark CRAZYCOW. The partner who is dealing with this client asks you to do some searches for similar trade marks. Please do a search for the registered trade mark CRAZYCOW on the IP Australia website. You will also need to consult legislation in doing this question.
- On what date did protection of this trade mark begin? 1 mark
- In which parts of the world (apart from the Australian mainland) does this Act operate? Give authority. 3 marks
- What type of trade mark is this? 1 mark
- Describe in your own words the full visual features of this registered trade mark. No more than 40 words. 4 marks
- How do you explain the difference between the Registration date and the date the Trade Mark is entered on the Register? Answer concisely, no more than 40 words. 3 marks.
- From what date was it no longer possible to oppose registration of this trade mark without seeking an extension of time? 3 marks
- Is class 41 a class of goods or services? 1 mark
- Name 2 items in class 16 for which the trade mark is clearly not registered. 2 marks.
- At what legislative source did you find information about the contents of class 16? 2 marks
- What registration fee was paid for the trade mark? 2 marks
- State the trade mark owner’s full name and address. 2 marks
Your boss also wants you to do some research into the infringement of old trade marks.
- Go to the Trade Marks Act 1995 and read 232 – 261. What is the purpose of these provisions, ie why are they contained in the Act? 30 words max. 3 marks.
- Read s 252 – action for infringement of a trade mark etc. Reference is made to section 62 of the repealed Act. Copy in the first subsection of that repealed section here. 3 marks
- BRM Pty Ltd has been using a trade mark (ZOXAK) which infringes a trade mark first registered in the 1920s. It has been using ZOXAK since 1950 and at that time and right up until 1996 it had a valid defence to an infringement action. It is only under the new Act that the same use has all the hallmarks of an infringement. The owners of the 1920s trade mark now threaten BRM with legal action for use of the trade mark in 2014. On these facts, are their threats unjustified? How do you know?
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