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.
Tuesday, 9 June 2026
Description
Attend and earn 1 CPD unit in Substantive Law
This program is applicable to practitioners from all States & Territories
12.00pm to 1.00pm Shape Trademarks
- Inherent capacity of shape trade marks to distinguish (s41)
- Use of a shape trade mark as a trade mark
- Infringement of shape trade marks – deceptive similarity (s120)
- How advertising and promotion can support or detract from distinctiveness
- RB (Hygiene Home) Australia Pty Ltd v Henkel Australia Pty Ltd [2024] FCAFC 10 (16 February 2024); Koninklijke Douwe Egberts BV v Cantarella Bros Pty Ltd [2024] FCA 1277 (7 November 2024); Reckitt Benckiser Finish B.V. v Henkel AG & Co. KGaA [2025] ATMO 198 (19 September 2025)
Presented by Margaret Ryan, Lawyer and Trade Marks Attorney, IP by Margaret
Presenters
Margaret Ryan, Lawyer and Trade Marks Attorney, IP by MargaretMargaret 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.
