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ARTICLE · 24 MAY 2015

Who Is Australia's Cheapest Chemist? A cautionary tale for all trade mark owners

In this Alert, we explain the reasons for the judgement in Verrocchi v Direct Chemist Outlet.

AustraliaIntellectual Property

Registration of a trade mark grants an owner the best protection of a brand against unauthorised copying, and trade mark challenges by third parties. When used correctly, it is an important tool in shaping the way you do business and can often be used to gain an advantage over your competition. But is registration always enough? A recent case points towards the conclusion that trade mark owners are not always safe against scrutiny of their marks by the court just because the marks are registered.

In this Alert, Partner Hayden Delaney and Law Graduate Briar Francis explain the reasons for the judgement in Verrocchi v Direct Chemist Outlet1 and the impacts such a decision has on the registration and maintenance of trade marks in Australia.

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