Shape trade marks can be powerful brand assets, but they raise complex issues around distinctiveness, use and infringement. In this practical session you will examine the inherent capacity of shape trade marks to distinguish under section 41, the implications of what constitutes use of a shape as a trade mark and the practical issues of deceptive similarity assessments under section 120.  

Presenters

Margaret Ryan, Lawyer and Trade Marks Attorney, IP by Margaret
Margaret received the University Medal in Law from the University of Sydney and commenced her career in Intellectual Property when she worked as a Research Assistant to the late Federal Court Justice Sheppard, who specialised in IP. Margaret has practised in IP law for over 30 years. She has worked in the IP departments of two major commercial law firms and spent almost 20 years practising in a specialist IP firm, including as a Special Counsel. Margaret has undertaken both commercial and litigious work, as well as appearing in trade mark opposition hearings. Margaret established her own practice in 2018, providing detailed trade mark advice to major companies as well as prosecuting trade mark applications and drafting co-existence agreements between trade mark rivals. Margaret has also drafted or negotiated a range of commercial agreements and settled copyright and trade mark disputes, giving SMEs the IP representation that their much larger opponents enjoy. She provides honest, client-focussed and practical advice and representation to her clients. Margaret has lectured and tutored in IP at Victoria University and is the current contributor to the copyright section of The Law Handbook.


Brett Doyle, Senior Consultant, Ashurst
Brett Doyle is both a lawyer and a registered trade mark attorney with over 30 years' experience in intellectual property. Brett is the delegate for the International Trademark Association on IP Australia's Trade Marks and Designs Consultation Group. He is on the Geographical Indications Committee for Marques, (European Trade Mark Association). He was previously a partner in a major international law firm before returning to Ashurst; has worked at specialist patent and trade mark attorney firms, as well as holding the position of the General / IP Counsel for an Australian advertising agency. Brett has acted in the full range of IP issues including contentious disputes, administrative proceedings and non-contentious contractual and licensing matters. He has advised on the strategic development and protection of trade mark portfolios, including removal, opposition and infringement actions. Brett's combination of firm and in-house positions gives clients the benefit of significant specialist knowledge coupled with the commercial experience to provide succinct and practical advice. Brett has been involved in some of the most significant trade mark cases over the last decades.