Protecting Descriptive Marks: The Business Issues
- The distinctiveness requirement for registration under the Trade Marks Act 1995 (Cth)
- Other challenges: passing off & misleading and deceptive conduct
- ‘Generification’ and loss of distinctiveness
Presented by Ben Thorn, Legal Practitioner Director, Xuveo Legal; Recommended Intellectual Property Lawyer, Doyle’s Guide 2021; Deputy Chair, Privacy Data Technology and Intellectual Property Law Committee, Queensland Law Society
Description
Attend and earn 1.5 CPD hours in Substantive Law
This program is applicable to practitioners from all States & Territories
Registered Designs – now with added teeth!
- The standard of ‘substantially similar in overall impression’ introduced by the Designs Act 2003
- Interpretation of this standard by the Designs Office 2007-2022
- New standard imposed by the Federal court in GME Pty Ltd v Uniden Australia Pty Ltd [2022] FCA 520
Presented by Barry Newman, Principal and Patent Attorney, Armour IP Patent and Trade Mark Attorneys
Presenters
Mr Ben Thorn, Legal Practitioner Director, Xuveo Legal
Ben Thorn is the founder and director of Xuveo Legal, a Brisbane-based commercial and IP law firm. He has over 15 years of experience in the intellectual property and commercial law fields and has represented clients from a diverse range of industries and sectors including creative industries, design, fashion, agriculture, information technology, manufacturing, education, not-for-profit and disability support services. Ben has been recognised alongside Xuveo Legal as a recommended lawyer in the Queensland Leading Intellectual Property Lawyers category of Doyle’s Guide. Ben is a member of the Queensland Law Society (QLS); the Intellectual Property Society of Australia and New Zealand (IPSANZ); and the .au Domain Administration (auDA). He is also a volunteer Member (2018-) and current Deputy Chair (2022-) of the QLS Privacy, Data, Technology and Intellectual Property Policy Committee. Ben holds a Bachelor of Laws with Honours, a Bachelor of Arts (Asian Studies) and a Graduate Diploma of Legal Practice from Griffith University. He is admitted as a solicitor of the Supreme Court of Queensland and the High Court of Australia.
Mr Barry Newman, Principal and Patent Attorney, Armour IP Patent and Trade Mark Attorneys
Barry Newman has an Honours Degree in Engineering (Mechanical) and a Bachelor degree in Science (Mathematics). He is a Fellow of the Institute of Patent and Trade Mark Attorneys of Australia, and is registered to practice in both Australia and New Zealand. Barry's main practice is in the mining, oil-and-gas, and automotive sectors, with clients including household names in these areas. He has a particular interest in 'Clean' technologies, and has been published internationally on patent issues relating to global warming.
