Convergence Of Technologies May Expand Trade Mark Protection

A recent decision of the Federal Court illustrates how the convergence of technologies is affecting trade mark law, recognising that, under certain circumstances, the scope of registered trade mark protection may be expanded to include the use of a trade mark in relation to new technologies which were not being used or necessarily contemplated by the applicant at the time the original trade mark application was filed.

Background

The respondent, Pioneer KK, owns the registered trade marks PIONEER and Pioneer, which, amongst other things, claims monopoly for "computers and computer peripherals". It has been selling audio and audio-visual products since 1973, including audio systems, televisions and car electronic products under those registered trade marks. The applicant, Pioneer Computers Australia Pty Ltd sought to remove "computers and computer peripherals" from Pioneer KK's trade marks, alleging that Pioneer KK did not use its trade marks in connection with