Task:
Section 41(1) of the Trade Marks Act 1995 (Cth) provides that ‘a trade mark must be rejected if the trade mark is not capable of distinguishing the applicant's goods or services in respect of which the trade mark is sought to be registered’.
1) With the aid of case law and other provisions of the Trademark Act 1995 (Cth), discuss the requirement that a trademark must distinguish goods or services under Australian Trade Mark Law.
2) Discuss how trademarks relate to passing off.
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