Australian trade mark law / Robert Burrell and Michael Handler.

South Melbourne, Vic. : Oxford University Press, 2016.

2nd edition

87471

Trademarks -- Law and legislation -- Australia.

Trademarks -- Australia.

1. The roles of the trade mark system

2. Applying to register a trade mark: examination and opposition proceedings

3. Signs and their representation

4. Distinctiveness

5. Other grounds of rejection and opposition not involving conflicts with earlier marks

6. Conflicts with earlier registered marks or applications for registration

7. Conflicts with earlier marks-other grounds of opposition

8. Overcoming conflicts with earlier marks

9. The act of registration, and amending, revoking and cancelling registration

10. Non-use of registered marks

11. Infringement and defences

12. Passing off and consumer protection

13. Revisiting the relationship between passing off and the consumer protection regime

14. Extended passing off, special forms of trade marks and related legal regimes

15. Exploitation of trade marks

16. Litigation and remedies.

"This work sets out a comprehensive treatment of trade mark law in Australia. As the authors' preface notes, the work adopts a process of attempting to deal with its subject matter by explaining how aspects of the Trade Marks Act fit together. In line with this, most chapters and many sections within chapters commence with a historical and contextual explanation for different aspects of trade mark law, often linked with decisions from other jurisdictions and international sources. The work is extensively referenced and academic in approach, with chapters commencing with discussions as to historical context, policy implications in the topic, and notes regarding unresolved issues. This will be useful for an academic reader and for a practitioner seeking in-depth study of particular topics instead of a summary or 'quick reference' approach. It may however require a busy practitioner to read selectively when seeking a less comprehensive or discursive explanation of particular topics. The third and fourth chapters, relating to the general requirement of a 'sign' capable of comprising a trade mark, and the requirement of 'distinctiveness', respectively, are particularly well done and likely to be useful to a wide audience, given the key nature of these issues. The graphics used to illustrate some concepts are particularly useful in a work such as this, and are well selected. Chapter 15, which deals with exploitation of trade marks, also has a particularly useful section on the application of the Personal Properties Securities Act 2009 to trade marks rights, given this is a somewhat difficult and complex area. The authors expressly note the chapter relating to 'Litigation and Remedies' (Chapter 16) can only be an overview given the breadth of issues capable of being raised relating to litigation and remedies in trade mark law. While the chapter does provide a useful overview, a library on trade mark law might be well be supplemented by another work specialising on this topic, and in particular issues such as interlocutory injunctions in this area, evidentiary issues, and quantum issues (such as quantifying loss of reputation). This noted, the work will be a valuable addition, if not essential component, the library of a student or practitioner working with trade mark law in Australia." - Chris Curtis. "Australian Trade Mark Law 2nd edition provides a comprehensive overview of trade mark law in Australia and encourages readers to critically engage with the operation of the Australian trade mark system as a whole. It moves beyond a purely descriptive account of existing legislation and case law to help readers to view and question the law through a critical lens. It questions the functioning of the trade mark system as well as the decisions made by courts, the legislature and administrative bodies that have shaped such a system. As well as critically assessing how the trademark system could work better in the future, Australian Trade Mark Law presents comparative material that illustrates how other jurisdictions deal with particular issues and problems. New to this editionNew chapter 'Overcoming Conflicts with Earlier Marks'Comprehensive discussion of the impact of the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 (Cth), including on opposition procedures, damages for infringement, criminal liability and customs seizureExtensive treatment of new and emerging issues, including tobacco trademarks, franchising, the securitisation of trade marks, online infringement through metatags and keyword advertising, and parallel importationDetailed analysis of the High Court's decision in Cantarella Bros Pty Ltd v Modena Trading Pty Ltd (2014), and of major new Federal Court cases on grounds of rejection and opposition to registration, non-use, trade mark infringement, passing off and consumer protection legislationSelected use of new comparative material from the EU, US and New Zealand." - Publisher's website.

Table of contents and index are taken from the published work with the permission of the publisher.

Includes bibliographical references and index.

9780195519648

674 p.