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ARTICLE · 28 DECEMBER 2014

Trade marks exist in the minds of consumers

The principal role of a trade mark is to assist consumers find the products they know and like.

AustraliaIntellectual Property

Trade marks help consumers find the products they know and like. In Re Powell's Trade-Mark, Bowen J explained the function of a trade mark in the following way1:

"The function of a trade-mark is to give an indication to the purchaser or possible purchaser as to the manufacture or quality of the goods - to give an indication to his eye of the trade source from which the goods come, or the trade hands through which they pass on their way to the market."

This principal function of a trade mark is recognized in Section 17 of the Trade Marks Act 1995 ("Act"), which defines a trade mark as follows:

"A trade mark is a sign used, or intended to be used, to distinguish goods or services dealt with or provided in the course of trade by a person from goods or services so dealt with or provided by any other person".

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