Several key trends are shaping theAustraliantrademarklandscape: Increased Filing Activity: There has been a consistent increase intrademarkfiling activity inAustraliaover the past decade.The primary legislation governingtrademarksinAustraliais theTradeMarksAct1995(Cth).
TheTradeMarksAmendmentAct2006 (“the AmendmentAct”) received Royal Assent on 23 October 2006. The AmendmentActresults…
Australia’sTrademarksAct1995states that applications must be rejected if they are substantially identical with, or deceptively similar to, amarkregistered (or applied for) by another person in respect of closely related goods and services.
AustralianTrademarks.TradeMarkApplication Online Forms & Publications.What Happens if I Use an ‘R’ Symbol With an UnregisteredTradeMark? This is an offence under theTradeMarksAct1995, as is operating inAustralia.
Prohibitions against “scandalous”trademarksinAustralia’sTradeMarksAct1995. The applicant, Peter Hanlon, who was self-represented, sought to register POMMIEBASHER in relation to clothing and beverages (including beer).
This ruling applies only toAustraliantrademarklaw under theTradeMarksAct1995. It does not directly affecttrademarkregistrations in the United States, the United Kingdom, or the European Union, where separate proceedings would be needed.
In 2007,Australiandesigner Katie Taylor, born Katie Jane Perry, debuted her fashion company “Katie Perry.” The following year, in September 2008, she applied to register “Katie Perry” as atrademarkinAustraliafor use on clothes.
TradeMarksAct1995. infringement; revocation; appeals from the Registrar. Conferred jurisdiction over: Trade PracticesAct1974 (IV and V)/AustralianConsumer Law – up to $750,000. CopyrightAct1968 (civil infringement actions) – uncapped.
