In Trafalgar Group Pty Ltd v Boss Fire & Safety Pty Ltd,[1] the Federal Court explained the operation of a “mark within a mark”, holding that Trafalgar’s use of the FYRE Device Mark within its various composite marks sufficed in evidencing use as a separate operative trade mark during the alleged non‑use period.
Authors:
Tim O'Callaghan, Partner
Email: tocallaghan@piperalderman.com.au
Travis Shueard, Special Counsel
Email: tshueard@piperalderman.com.au