Marketing and the Law: Defending single color trademarks
Description
Most international jurisdictions have sought to broaden their definition of a trade mark following the Qualitex v Jacobson Products (Qualitex Case)2. In Australia, the Trade Marks Act (Cth) 1995 was introduced to recognise that colors, scents, shapes and sounds could be registered as a trade mark provided the mark was capable of distinguishing, in the course of trade, the proprietor’s goods or services from the goods or services of others. However, to date, it has proven extremely difficult to defend the registration of a single color trade mark in Australia.
Impact and interest:
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| ID Code: | 217556 | ||
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| Item Type: | Contribution to Journal (Journal Article) | ||
| Refereed: | Yes | ||
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| Measurements or Duration: | 6 pages | ||
| Keywords: | Marketing Material, Medicare Part, Prescription Drug Coverage, Real Estate | ||
| DOI: | 10.1007/s11747-009-0159-8 | ||
| ISSN: | 1552-7824 | ||
| Pure ID: | 32002756 | ||
| Divisions: | Past > QUT Faculties & Divisions > QUT Business School Current > Schools > School of Advertising, Marketing & Public Relations |
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| Copyright Owner: | Consult author(s) regarding copyright matters | ||
| Copyright Statement: | This work is covered by copyright. Unless the document is being made available under a Creative Commons Licence, you must assume that re-use is limited to personal use and that permission from the copyright owner must be obtained for all other uses. If the document is available under a Creative Commons License (or other specified license) then refer to the Licence for details of permitted re-use. It is a condition of access that users recognise and abide by the legal requirements associated with these rights. If you believe that this work infringes copyright please provide details by email to qut.copyright@qut.edu.au | ||
| Deposited On: | 06 Nov 2021 08:28 | ||
| Last Modified: | 27 Mar 2024 12:39 |
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