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The 'TRIPLE IDENTITY TEST' for trade mark infringement requires identity of:
Answer & Solution
Correct answer: A.
1. The 'TRIPLE IDENTITY TEST' is a useful framework for analysing trade mark infringement: (i) IDENTITY OF THE TRADE MARK (or deceptive similarity); (ii) IDENTITY OF THE GOODS / SERVICES (or similarity); (iii) IDENTITY OF THE TRADE CHANNEL (or overlap in target consumers).
2. Section 29(1) Trade Marks Act 1999 — infringement requires use in course of trade of an identical or deceptively similar mark in relation to goods/services for which the trade mark is registered.
3. The greater the identity on all three axes, the stronger the case for infringement.
4. Hence option B is correct.
_Source: Patents Act 1970 / Copyright Act 1957 / Trade Marks Act 1999 — Trade mark infringement common law tests; Section 29 Trade Marks Act 1999_
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