BLB3129 - Intellectual Property Law - Law Assignment Help

Assignment Task

Part 1

Facts:

Tullet Pty Ltd (the applicant) manufactures and sells music stands and stands for musical instruments. Tullet applied for the registration of the word trade mark Tullen in Class 15. After the examination, the Registrar accepted the application under s 33 of the Trade Mark Act 1995 and then advertised the decision in the Official Journal pursuant to s 34. Tull Generation Pty Ltd (the opponent) opposed the registration by filing a notice of opposition on the grounds of ss 57, 44 and 60. Since 2009, Tull Generation has been using the registered trade mark Tuller as the brand to manufacture and sell guitar. The applicant filed a notice of intention to defend, but neither adduced any evidence in favour of its registration nor appeared at the hearing.

Task:

Write a decision of the Delegate of the Register of the ATMO in response to the opposition.

Tips:

- Samples of decision of the Delegate of the Registrar have been provided in VU Collaborate. If you’d like to review more decisions, you can get access through the

- You will need to create evidence to support the opponent’s arguments.

- The decision must describe the opponent’s arguments and deals with them fully in the light of the evidence that the opponent might have presented, describing also what that evidence is.
 

- The writing must be in the same legal style and laid out as all other decisions of Delegates. Lay out your decision in the same way as the Delegate decisions you have read. However, there is NO NEED to write out in full the legislative provisions, e.g. no need to list out s 44.
 

- You should aim to raise arguments that are sufficiently simple to be dealt with in 2,000 words, focusing on the reasoning.

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