Litigation; Trade Marks

Trade marks are registered so as to apply to specified goods and services. In Australia, as in most countries, the goods and services are arranged into 45 classes (the Nice Classification). In general, the classes group together similar goods and similar services. Therefore, if you are seeking to register a trade mark that contains elements that are similar to someone else’s trade mark, you are more likely to find that the two marks conflict if the goods or services covered by both marks are in the same class. This is not exclusively the case, however, as was demonstrated in E.