Marketing and the law: defending single color trademarks
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.
|Date of creation:||01 Mar 2008|
|Date of revision:|
|Publication status:||Published in Journal of the Academy of Marketing Science 3.37(2009): pp. 375-380|
|Contact details of provider:|| Postal: |
Web page: http://mpra.ub.uni-muenchen.de
More information through EDIRC
When requesting a correction, please mention this item's handle: RePEc:pra:mprapa:40491. See general information about how to correct material in RePEc.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Ekkehart Schlicht)
If references are entirely missing, you can add them using this form.