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Registering Non-Traditional Signs as Trade Marks in Australia: A Retrospective

(2016) 26(3) Australian Intellectual Property Journal 149

12 Pages Posted: 16 May 2016

See all articles by Amanda Scardamaglia

Amanda Scardamaglia

Swinburne University of Technology

Mitchell Adams

Swinburne University of Technology

Date Written: 2016

Abstract

This article provides a 20-year retrospective on non-traditional trade marks in Australia. It presents the initial findings from an empirical study on the application and registration of such trade marks in Australia, since the introduction of the Trade Marks Act 1995 (Cth). It concludes that while the data shows that shape and colour trade marks remain popular subjects of trade mark applications, sounds and scents have yet to live up to the hype or pose the kinds of controversies that these categories of marks were anticipated to present.

Keywords: Trade marks, brands, non-traditional signs, shape marks, colour marks

JEL Classification: K10, K19

Suggested Citation

Scardamaglia, Amanda and Adams, Mitchell, Registering Non-Traditional Signs as Trade Marks in Australia: A Retrospective (2016). (2016) 26(3) Australian Intellectual Property Journal 149, Available at SSRN: https://ssrn.com/abstract=2779449

Amanda Scardamaglia (Contact Author)

Swinburne University of Technology ( email )

Cnr Wakefield and William Streets, Hawthorn Victor
3122 Victoria, Victoria 3122
Australia

Mitchell Adams

Swinburne University of Technology ( email )

John Street
Hawthorn, Victoria 3122
Australia

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