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ARTICLE · 30 JULY 2019

Trade mark owners take note: first to file v first to use

Article highlights that different rules which may apply to determine trade mark ownership and rights in different countries.

AustraliaIntellectual Property

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).

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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