Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.
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Results: 4 Answers
Trademarks
6.
Rights of registered and unregistered marks
6.1
What, if any, protection is afforded to unregistered trademarks?
 
Australia
No rights are afforded to an unregistered trademark under the Trade Marks Act. However, rights can be acquired through substantial use and reputation. Such rights are generally:

  • common law rights for passing off;
  • misleading or deceptive conduct under Section 18 of the Australian Consumer Law; or
  • misleading representations under Section 29 of the Australian Consumer Law.
For more information about this answer please contact: Ian Rosenfeld from Rigby Cooke Lawyers
6.2
What legal rights are conferred by a trademark registration?
 
Australia
The exclusive right to use the trademark and to authorise other persons to use the trademark in relation to the goods or services in respect of which it is registered.

For more information about this answer please contact: Ian Rosenfeld from Rigby Cooke Lawyers
6.3
If there is a separate register for descriptive marks, what legal rights are conferred by registration therein?
 
Australia
Not applicable.

For more information about this answer please contact: Ian Rosenfeld from Rigby Cooke Lawyers