Please join us for our first seminar of 2021, presented by Tom Cordiner QC and Craig Smith of the Victorian Bar.

Where a trade mark is registered, a relatively clear and structured set of rights is afforded to the registered owner. The position is less clear for unregistered marks. In Kraft v Bega, the Full Court of the Federal Court of Australia addressed a number of issues relating to the get up of peanut butter jars (which included a yellow lid and yellow label), including the assignability of that get-up. Special leave to appeal to the High Court was refused last November.

This talk will consider the nature of unregistered trade marks, how they are enforced, assigned and licensed, and will discuss some of the complexities that can arise, particularly in relation to businesses based on licensed marks.