With the prevalence of the internet and social media, growing
your brand and your business and connecting with markets overseas
has never been easier. In navigating this era of globalisation, it
is important that business owners trading under valuable brand
names or using other types of trade marks in the operation of their
businesses, understand that there are different rules which may
apply to determine trade mark ownership and rights in different
countries.
In trade mark law in Australia, the "use" of a trade
mark by a trader in relation to their goods or services on a
commercial level is important and can assist in determining matters
such as: the ownership of a trade mark, the distinctiveness of a
trade mark, whether a trade mark registration should be removed
from the Australian trade marks register for non-use and whether a
registered trade mark has been infringed (amongst others).