Thursday, October 5 2023   \  Published by JD Supra.

Australian trade mark law: Defending your well-known brand with a defensive trade mark registration

Australian trade mark law: Defending your well-known brand with a defensive trade mark registration

Australia’s trade mark legislation provides trade mark owners with the ability to register (in certain circumstances) their well-known brands as ‘defensive trade marks’ in respect of particular goods and/or services, even if the owner of the mark has no intention of using the mark in respect of those goods and/or services.

This unique feature of Australian trade mark law is not available in many other jurisdictions around the world.

Generally, a person may apply to register a trade mark in respect of goods and/or services in Australia provided that (among other things) that person claims to be the owner of the trade mark and: Read more

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