A case of apples and oranges...or pears?
What is a trademark?
'Badges' or 'labels' assigned to a brand, assist
consumers in distinguishing suppliers of competing goods and
services from each other. Consumers make associations between a
business' trademark and its reputation and brand image, which
influence consumer choice and incite market competition between
businesses. All trademarks registered are recorded on the
Australian Trademark Register and are protected by the rights
enshrined in the Trademarks Act 1995
(Cth) and common law.
The Test for Similarity
By registering your trademark, you obtain exclusive rights to
use the trademark and automatic rights of action against those
seeking to infringe on those rights. By virtue of section 44 of the
Trade Marks Act 1995 (Cth), anyone with a
registered trademark has the right to oppose the acceptance of a
trademark application where it is either:
