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Mrz 15, 2011
Alexia Marinos, Gadens Lawyers, Australia

Choosing and Using Distinctive Brands


Alexia Marinos, Gadens Lawyers, AustraliaThe Federal Court decision of Yarra Valley Dairy Pty Ltd v Lemnos Foods Pty Ltd [2010] FCA 1367 is a timely reminder of how important it is to choose and use trade marks that are distinctive. Trade mark applicants are relying more on submitting extensive evidence of use to get their trade marks registered rather than focusing on creating distinctive and original trade marks to market their goods and services. As a brand owner, it is very important to be aware that just because you use a trade mark in connection with your goods or services, it does not necessarily mean that such use will distinguish your goods and services from those of other traders.  read more