Extoll Pty Ltd carried on a direct marketing and data processing business in Australia. From 20 January 2018, it became the registered owner of the 'EXTOLL' trademarks in respect of certain services in Classes 35 and 42.

Extol Direct Mail Pty Ltd has been carrying on a direct mail services business by reference to marks namely, 'EXTOL DIRECT' and 'EXTOL' since 2022. On 2 February 2023, Panpipe applied to register the EXTOL as a trade mark in respect of marketing services, business marketing, and consulting services in Class 35.

1. To prevent Extol Pty Ltd from registering the word 'EXTOL' in Class 35, what action is available to Extoll and how can Extoll prove that 'EXTOL' is not registrable? 
2. Whether EXTOL has infringed the registered trademark of EXTOLL? 

Answer rating: 100% (QA)

1 In order to prevent Extol Pty Ltd from registering the word EXTOL in Class 35 Extoll Pty Ltd can i... View the full answer