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You are right. Answer (a) is incorrect.

A trade mark is a 'sign' that is used to distinguish particular goods (or services) dealt with or provided in the course of trade by one person from goods (or services) dealt with or provided by others. Common examples of well known trade marks are those used by motor manufacturers to distinguish their cars from cars made by others.

Trade marks that are established in relation to one kind of goods do not extend to completely different types of things.

A trade mark may consist of any of the following things, or any combination of them:

  • a letter, word, name or signature
  • a numeral
  • a device, brand or heading
  • a label or ticket
  • an aspect of packaging
  • a shape, colour, sound or scent.

Apple Inc. v Registrar of Trade Marks (2014) 227 FCR 511