1. In the context of Trade Marks, what is a sign?
2. Mention the procedural steps for trademark registration.
3. Darcy has approached you to help with the registration of his trademark. He is however scared that the application will be rejected and wants to know the circumstances that would ground a rejection of a trademark application.
4. Francis is an entrepreneur who has two main products, a drink called Kamper and a pen called Biro. He has registered the name of the drink as a trademark and now wishes to register the pen as a trademark. Francis has been sued for trademark infringement for Kamper and would like to know what factors the courts will use in determining whether or not a trademark is capable or not capable of distinguishing the designated goods or services from the goods or services of other persons.
5. What constitutes use of a trademark?
6. Distinguish Electrolux Ltd v Electrix Ltd and Imperial Group Pty Ltd v Philip Morris & Co Ltd.
7. Foundation pharmaceuticals registered its cancer treating product under the name Finext in 2012. Due to the sensitivity of the use of cancer medications and the high number of applications they are currently dealing with, the regulatory bodies that grant approval for the use of drugs are yet to approve the use of Finext and therefore four years after registration Finext has still not been used. A competitor has brought an application that the name be cancelled for non-use. Under what provisions may the competitor bring such an action and what defences if any may Foundation pharmaceutical raise.
8. Belinda International Ltd is desirous of registering the following names as a trademark, "Holy Mary Brothel", "Olympic Champion", "Explicit Copyright Patent Invention" and "Mecca Down Down Allah".
9. Identify three rights of a trademark owner.

1. To what extent and under what circumstances may the exclusive right of a trademark owner be limited?

1. Greater Tomorrow International Pty Ltd (GTIPL) is an Australian company that is seeking to expand its commercial activities and has approached Levis in the United States for the assignment of the Levis trademark for the territory of Australia. Levis is impressed with GTIPL but has already assigned the use of the trademark to Grand Pty Ltd who operates solely in the Northern Territory. Advise both GTIPL and Levi on what options they have with regards to the proposed assignment.
2. When is a trade mark infringed?
3. Tom and Cherry are law students working on a trade mark assignment. They are in contention as to whether or not a trademark is a private property. Kindly advise them supporting your answer with relevant statutory provisions.
4. A top government official of Albania has approached you for advice on how to register a domain name for his government office and for interested business organisations. Advise him on the types of domain names that maybe used, the organisation to contact for registration and in the event of a dispute.

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In the context of trademarks a sign refers to any distinctive representation that can be represented graphically and used to distinguish goods or services of one entity from those of others Signs can ... View the full answer