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Get it right the first time: real trade mark owner can’t be subbed into application by assignment

It has been held that only an owner of a trade mark at the time the application is made can apply for registration, and that an applicant for a trade mark which would otherwise be deceptively or confusingly similar because an existing registered trade mark has a reputation which is confined to one State, cannot avoid that consequence by disclaiming the right to use in that State

So bad it’s good: dodgy drafting gets the job done

In this recent decision, the landlord got the benefit of a dubiously worded outgoings clause. The High Court gave full effect to the parties’ commercial intent to hold that commercial common sense dictated that the tenant would be liable for all outgoings under a long term lease.

Ecosse Property Holdings Pty Ltd v Gee Dee Nominees Pty Ltd [2017] HCA 12