Sheesh! Kebab sellers' unauthorised trade mark certification could have been a costly mistake

Key Points:

The recently inserted provision for additional damages can lead to substantial awards and an aggrieved trade mark owner can now recoup more than its legal costs if successful.

Certification of goods and services is becoming increasing important and widespread in the Australian market. Although most commonly associated with food products, it can also extend to clothing, mechanical equipment and to services, such as the sustainability or environmental credentials of products or services and even to taxation services. Since there is a stringent registration process for certification marks under the Trade Marks Act (including approval by the ACCC), many groups are simply allowing their trade marks to be used for goods and services that comply with their standards.