Answer ... 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.
Answer ... 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.
Answer ... Not applicable.