TRADE MARKS - appeal of decision of the Registrar to refuse to register trade mark - whether marks substantially identical - whether owner of the trade mark for the purposes of section 58 and 59 of the Trade Marks Act 1995 (Cth) - construction of the meaning of "applicant" under the Trade Marks Act 1995 (Cth) - whether there was a valid assignment of trade mark - whether use of the applicant trade mark likely to deceive or cause confusion - whether use of the trade mark would be contrary to law - whether defence of use in good faith available - whether defence of right to use marks under the Trade Marks Act 1995 (Cth) available - whether there was honest concurrent use - whether use of the applicant trade mark constituted conduct that was misleading or deceptive, or likely to mislead or deceive - whether false representations - whether passing off - whether breach of the rule in Browne v Dunn - whether individual director a joint tortfeasor with the company - cross claim - application for cancellation or rectification of the Trade Mark Register - inherent adaptability of trade marks to distinguish - whether prior inconsistent application for registration
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