According to section 2 of the Trade Marks Act she can register any sign thatcan

According to section 2 of the trade marks act she can

This preview shows page 31 - 33 out of 41 pages.

According to section 2 of the Trade Marks Act, she can register any ‘sign’ that can be graphically represented and is capable of distinguishing her products in the course of trade from those of another person. She can also register the company logo, the unique shape of her product, an aspect of packaging or any combination thereof. Logo, colour scheme, packaging/ wrapping/ box/ how u open it, font (g)(i) Can an ex-employee set up another cake-shop with a totally different name/get-up? (ii) Can he make use of the cake-recipes? (i) Yes, her ex-employee can rightfully do so provided there is no restraint of trade clause in his employment contract which prevents him from setting up his own business in competition after he leaves his current employment. Nevertheless, even if such clause exists, the ex-employee can still set up another cake shop if the said clause is found to be unreasonable and hence unenforceable. However, if there is a reasonable restraint of trade clause that can be enforced - on the basis that Ah Lian has a legitimate interest to protect in her business, and it is reasonable in terms of time, area and scope, the ex-employee cannot rightfully set up another cake shop even with a totally different name/ get-up as it would be in direct competition with Ah Lian’s cake shop and by doing so he
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would be breaching the restraint of trade clause expressed in the employment contract. In this case, there is likely to be presence of a restraint of trade clause, as Ah Lian does have a legitimate interest to protect such as the cake-recipes that may be regarded as confidential and not public information, and the ex-employee may be in a position to pull customers to his new shop if he used cake-recipes from Ah Lian’s shop. However, time, area and scope would largely depend on the actual circumstances, such as the job scope of the ex-employee. Hence, given that an effective restraint of trade clause is clearly expressed in the employment contract and the ex-employee goes ahead to set up his cake shop, he would be breaching the restraint of trade clause and Ah Lian may bring a legal action against him for breach of contract. (i) SP owns the shop —> but can still employ workers eg baker, someone to take order Get-up: logo, font, colour Cannot —> ROT HMMMMMM Employment contract - express term —> cannot set up cake shop despite different get-up —> must be valid —> 1. Legitimate interest, 2. Reasonableness (area, time, scope) Valid ROT clause. Reasonableness to have legitimate interest. Second is about area, time, scope (ii) Even if the ex-employee can rightfully set up his cake shop, he cannot make use of the cake-recipes from Ah Lian’s shop as there would be a breach of tort of confidence. The cake recipes are considered to be confidential information as the recipes are unknown to the public and they gave Traz Cake Shop the competitive advantage to be successful. Therefore, the information about the cake recipe received by the ex-employee has a necessary quality of confidence and the
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