Friday, January 14, 2005
Trade Mark Judgment
OK, I'm getting back into trade marks land, since I teach it this semester. I read this morning this judgment, Health World Limited v Shin-Sun Australia Pty Ltd [2005] FCA 5. It's about the registration of a trade mark "HEALTHPLUS", opposed by someone who is using "Inner Health" and "Inner Health Plus" as a common law mark. What I don't quite get is why this isn't unregistrable as a result of s 41 of the Trade Marks Act, which requires that a mark be 'inherently distinctive'?
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