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Aug 17, 2016
Bill Ladas, King & Wood Mallesons, Australia
First published on www.ipwhiteboard.com.au

Treatment of two and three-colour marks in Australia, N...


Bill Ladas, King & Wood Mallesons, Australia, First published on www.ipwhiteboard.com.auThree recent decisions have considered the registrability of colour marks of a slightly different variety, namely signs said to comprise a combination, depiction or arrangement of a number of colours. These cases can raise definitional issues (what is the sign?), and difficult evaluative judgments as to whether the mark itself has achieved a sufficient level of acquired distinctiveness. The difficulties are compounded by the fact that these types of marks are generally used together with other marks. In the case of the 7-Eleven stripe mark in  read more