Kenman Kandy Australia Pty Ltd v Registrar of Trade Marks

JurisdictionAustralia Federal only
Neutral Citation2001-0803 FCA E,2002-0828 FCA F
Date2001
Year2001
CourtFederal Court

Get this document and AI-powered insights with a free trial of vLex and Vincent AI

Get Started for Free

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex
23 cases
1 firm's commentaries
  • Trade marks exist in the minds of consumers
    • Australia
    • Mondaq Australia
    • 28 Diciembre 2014
    ...to this group which is important 12 Referreing to French J statement in Kenman Kandy Australia Pty Limited v Registrar of Trade Marks (2002) 122 FCR 494 about making the "practical evaluative judgment about the effects of the relevant mark in the real world"12 13 Relying particularly on Lor......
2 books & journal articles
  • The Intersection between Registered and Unregistered Trade Marks
    • United Kingdom
    • Sage Federal Law Review No. 35-3, September 2007
    • 1 Septiembre 2007
    ...Report')), 387 [67] (Branson J); Kenman Kandy Australia Pty Ltd v Registrar of Trade Marks (2002) 122 FCR 494, 511 [50] (French J). 28 That is, whether the applicant is the first person to use the mark in Australia in relation to the goods or services in question. This issue is discussed in......
  • DISENTANGLING FUNCTIONALITY, DISTINCTIVENESS AND USE IN AUSTRALIAN TRADE MARK LAW.
    • Australia
    • Melbourne University Law Review Vol. 42 No. 1, August 2018
    • 1 Agosto 2018
    ...by both the Working Party and s 39 of the 1994 Act (n 47), see Luck, 'The Registrability of Shapes of Goods' (n 60) 18. (73) (2002) 122 FCR 494 ('Kenman (74) Ibid 509 [45]. (75) Ibid 528-9 [134]-[137]; see also at 513-14 [62] (Lindgren J). (76) Ibid 529 [137] (emphasis added). (77) Ibid 529......