The Defendants got their trade mark ‘DIMMER DOT’ registered in - TopicsExpress

The Defendants got their trade mark ‘DIMMER DOT’ registered in Australia. The fact that the Defendant itself has sought to claim trade proprietary right and monopoly in ‘DIMMER DOT’, it does not lie in their mouth to say that the word ‘DIMMER’ is a generic expression. Merely because in a particular magazine advertisement of the Defendants was published on the cover page, cannot by itself be a case to deduce that the Plaintiff was aware of the advertisement of the Defendants’ trade mark. However, even if such a presumption could be made, the same cannot deprive the registered owner of a trade mark from getting his rights established.

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