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Substantially identical?

Substantially identical?

By Margaret Ryan

Consumer Law Intellectual Property Technology 


Trade mark law frequently involves comparisons between two trade marks – for trade mark registration (comparison with prior marks) for infringement and offences against the Trade Marks Act 1995 (Cth) (the Act)1 (comparison of the defendant’s mark with the registered mark). In most cases the standard of comparison is that one mark is either “substantially identical with, or deceptively similar to” the other mark. If the mark is “deceptively similar”, it will normally

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