Australian Trademark Law

Synopsis

[this Book Provides An] 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, [this Book] Presents Comparative Material That Illustrates How Other Jurisdictions Deal With Particular Issues And Problems.-- The Roles Of The Trade Mark System -- Applying To Register A Trade Mark : Examination And Opposition Proceedings -- Signs And Their Representation -- Distinctiveness -- Other Grounds Of Rejection And Opposition Not Involving Conflicts With Earlier Marks -- Conflicts With Earlier Registered Marks Or Applications For Registration -- Conflicts With Earlier Marks : Other Grounds Of Opposition -- Overcoming Conflicts With Earlier Marks -- The Act Of Registration, And Amending, Revoking And Cancelling Registration -- Non-use Of Registered Marks -- Infringement And Defences -- Passing Off And Consumer Protection -- Revisiting The Relationship Between Passing Off And The Consumer Protection Regime -- Extended Passing Off, Special Forms Of Trade Marks And Related Legal Regimes -- Exploitation Of Trade Marks -- Litigation And Remedies. Robert Burrell And Michael Handler. Includes Bibliographical References And Index.