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ARTICLE · 10 JULY 2008

Trade Mark Infringement - Who Can Provide Consent?

Clayton Utz
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The fact that goods to which a trade mark has been applied have been sourced from a related entity or member of the same corporate group as the Australian registered trade mark owner will not be sufficient to give rise to an implication.

AustraliaIntellectual Property
Robert Cutler
Robert Cutler
Timothy Webb
Timothy Webb
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Key Point

  • The fact that goods to which a trade mark has been applied have been sourced from a related entity or member of the same corporate group as the Australian registered trade mark owner will not be sufficient to give rise to an implication, for the purposes of the defence, that the importer or seller of the goods has the necessary consent.

A person infringes a registered trade mark if the person uses as a trade mark a sign that is substantially identical with, or deceptively similar to, the trade mark in relation to goods or services in respect of which the trade mark is registered (section 120 of the Trade Marks Act 1995 (Cth)).

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