Patents and Trade Marks

This article examines the relatively new fields of colour and shape trade marks. It was initially feared by some academics that the new marks would encroach on the realms of patent and copyright. However, the traditional requirements of trade mark law, such as functionality and descriptiveness, have meant that trade marks in colour and shape are extremely hard to acquire if they do not have factual distinctiveness. As colour and shape trade marks have no special restrictions, it is proposed that the combination trade mark theory and analysis from the Diamond T case should be used as a way to make them more accessible. The combination analysis can be easily applied because every product has a three dimensional shape and a fourth dimension of colour.

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“VITASAFE” Trade Marks

Reports of Patent Design and Trade Mark Cases ◽

10.1093/rpc/80.10.256 ◽

1963 ◽

Vol 80 (10) ◽

pp. 256-257

Keyword(s):

Trade Marks

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DIRAMODE S.A. v TURNHAM

Reports of Patent Design and Trade Mark Cases ◽

10.1093/rpc/rcaa011 ◽

2019 ◽

Vol 136 (10) ◽

pp. 624-635

Author(s):

Keyword(s):

Trade Marks ◽

Likelihood Of Confusion

Abstract H1 Trade marks – Opposition proceedings – Word marks – PINKIES – Descriptiveness – Assessment of likelihood of confusion – Weight to be given to conceptual differences – Appeal to Appointed Person

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Certification marks for Australian native foods: A proposal for Indigenous ownership of intellectual property

Alternative Law Journal ◽

10.1177/1037969x20982719 ◽

2021 ◽

pp. 1037969X2098271

Author(s):

David J Jefferson

Keyword(s):

Intellectual Property ◽

Cultural Knowledge ◽

Indigenous Australians ◽

Policy Agenda ◽

Commercial Products ◽

Trade Marks ◽

Native Foods ◽

Certification Mark

Recently, interest in ‘bush tucker’ foods has surged. Indigenous Australians should be empowered to determine how their knowledge is used when these products are commercialised. To exercise control over the development of the native foods industry, Indigenous Australians could establish a certification regime to ensure that their knowledge is appropriately converted into commercial products. This could be done through the strategic use of intellectual property, specifically through certification trade marks. Creating a certification mark for native foods could represent an important part of a decolonial policy agenda aimed at reimagining the regulation of native biodiversity and cultural knowledge in Australia.

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