Empirical Studies of Non-Traditional Signs in Australian Trade Mark Law

In 1996, Australian trade mark law expanded to protect new kinds of ‘signs’, which attracted significant publicity and commentary. Three-dimensional shapes, colours, sounds, and scents were open to being registered for the first time under the Trade Marks Act. Through three in-depth empirical studies, this thesis analyses the applicant demand, examination process, and impact of registering these new kinds of trade marks. The thesis findings are based on over 4,000 applications received by Intellectual Property Australia for non-traditional trade marks filed between 1996 and 2017. It yields insights not available via traditional methods and resolves long-standing questions in Australian trade mark law.