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.

Start by selecting your Topic of interest below. Then choose your Regions and finally refine the exact Subjects you are seeking clarity on to view detailed analysis provided by our carefully selected internationally recognised experts.

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Trademarks

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2.

What constitutes a trademark?

2.1

What types of designations or other identifiers may serve as trademarks under the law?

Australia

Rigby Cooke Lawyers

Answer ... The Trade Marks Act covers ‘signs’, which may include any of the following: letters, words, names, signatures, numerals, devices, brands, headings, labels, tickets, aspects of packaging, shapes, colours, sounds and scents.

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

2.2

What are the requirements for a designation or other identifier to function as a trademark?

Australia

Rigby Cooke Lawyers

Answer ... It must be used as a trademark (badge of origin) to distinguish the applicant’s goods or services from those of others.

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

2.3

What types of designations or other identifiers are ineligible to function as trademarks?

Australia

Rigby Cooke Lawyers

Answer ... Only ‘signs’, as explained in question 2.1, qualify as trademarks.

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

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Contributors

Topic

Trademarks

Brendan Hughes

Cooley LLP

Contributing Editor

Article Author(s)

Ian Rosenfeld

Rigby Cooke Lawyers

Australia