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 Ryan is an experienced Australian solicitor, trade marks attorney and Principal of IP by Margaret, bringing more than 30 years of expertise in intellectual property law. Throughout her career, she has advised businesses, entrepreneurs and innovators on the protection, commercialisation and enforcement of valuable intellectual property assets, including trade marks, copyright, designs and confidential information. Known for her practical and client-focused approach, Margaret works closely with clients to develop tailored strategies that support their commercial objectives while protecting and maximising the value of their intellectual property. She is highly regarded for providing clear, frank advice, skilful negotiation and strategic representation in complex IP matters, as well as for her commitment to delivering personalised service and practical outcomes. Margaret graduated from the University of Sydney with a Bachelor of Arts and a Bachelor of Laws (Honours), receiving the prestigious University Medal in Law. In addition to her extensive legal practice, she has lectured and tutored in Intellectual Property Law at Victoria University and has contributed to leading legal publications, including The Laws of Australia and The Law Handbook. An active member of Australia’s intellectual property community, Margaret regularly speaks at industry seminars and contributes to professional development initiatives through her involvement with key legal and intellectual property organisations.


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.