What happens if someone is trying to register a trade mark that
is too similar to your own? How can you prove that it is similar?
What are your rights and how can you enforce them?
Trade Mark Protection
A trade mark is a sign used, or intended to be used by a trader
to distinguish their goods or services in the course of trade from
goods or services provided by other traders. Businesses are able to
register their trade mark for legal protection. Trade mark
protection gives the owner exclusive legal rights to use that trade
mark, and allows the owner to take action against other businesses
using the same or misleadingly similar trade mark/s.
Trade Marks Act 1995
The Trade
Marks Act 1995 (Cth) ('Trade Marks Act')
section 57 gives a third party the right to oppose the
registration of a trade mark on a number of grounds. One of those
grounds is that the trade mark is substantially identical with, or
deceptively similar to your trade mark.
