Australian trademark law is based on common-law use-based rights also the Trade Marks Act 1995 (Cth), which is determined by IP Australia, an Australian government along with the Department of Industry, Innovation, and Science.
Use-based rights are restricted to registration, and depend on the mark has gained a reputation in the area in which a company seeks to complete its common-law trademark. Registration gives benefits such as constructive notice and nationwide rights.
Among other things, the Trade Marks Act defines trademarks including certification marks and collective marks, which constitutes trademark infringement, protection, and exceptions thereto, and together with the Trade Marks Regulations sets out procedures for registration and other procedures before the Registrar of Trade Marks. The legislation does not codify the law of trademarks in Australia, as a common law jurisdiction, a trademark owner try to protect its rights by legal proceedings for passing off.
Section 17 of the Trade Marks Act defines a trademark as a sign used, or intended to be used, to distinguish goods or services dealt with or provided in the course of trade by a person from goods or services so dealt with or given by any other person.
The procedure to register a trademark in Australia is the same as in different countries. A completed application is filed with IP Australia. This is always done electronically, the former regional offices and standard paper forms have been terminated. The application is then checked examined by an examiner of trademarks for compliance with formalities and substantive requirements. The Australian Trade Marks Office Manual of Practice and Procedure is an official publication produced by IP Australia, which provides detailed information to examiners and applicants on the practices and procedures relating to the filing, examination, and registration of a trademark following the provisions of the Trade Marks Act 1995 (Cth). If an application is approved, it will be published for opposition purposes for 2 months, during which time 3rdparties may oppose registration on certain grounds. If there are no oppositions, or any opposition is defeated, a certificate of registration will issue.
The term of registration in Australia is 10 years, which may be increased for additional purposes.
S. 17 Trademarks Act
It differentiates your business and the quality of your products from those of your opponents. Your trademark gives your reputation with it and strengthens long-term connections with your buyers.
It’s important to be aware of trademarks not only to protect your rights but also to ensure that you’re not infringing on the rights of others when creating one.
IP Australia (IPA) is the agency accountable for registering and executing your rights as a mark holder. They’re a resource you can reach to gather information, ask topics, check the registry of current trademarks and start the registration process.