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ARTICLE · 30 MAY 2024

Imports infringing on your trade marks? There is a solution!

File a Notice of Objection with the Australian Border Force to protect a registered trade mark against imported goods.

AustraliaIntellectual Property

One way of enhancing protections and enforcing your rights as a registered trade mark owner or authorised user (eg. a licensee) is to file a Notice of Objection (Notice) with the Australian Border Force. Once filed and accepted, the Notice allows Border Force officers to seize imported goods that infringe registered trade marks at customs. Infringing goods will usually be substantially identical or deceptively similar to a trade mark that has a Notice filed. Under Australian trade mark laws deceptively similar means, in short, that a trade mark so closely resembles another trade mark that it will likely deceive or cause confusion.

Recording a Trade Mark with the Australian Border Force

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