Trade Marks Act 1995 (Cth) - Level 4

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The Act establishes the Trade Marks Office (a Commonwealth office), with the Registrar and Deputy Registrar responsible for recording details of registered trade marks in the Trade Marks Register (upon proper processing of an application for such registration). A trade mark can be a word, phrase, letter, number, sound, smell, shape, logo, picture, aspect of packaging or a combination of these. A trade mark is used to distinguish the goods and services of one trader from those of another and can also protect a brand name. It is not mandatory to register a trade mark, however, registration of a trade mark establishes the legal right to use, license or sell the trade mark within Australia for the goods and services for which it is registered. Company names, business names and domain names are not the same as trade marks and distinct registration processes exist for them.

The Act allows for cancellation of registration of a trade mark due to non-use. Where a trade mark has not been used by or on behalf of the registered owner of the trade mark for a period of 3 years, an application for removal from the Trade Marks Register can be made. Further, it is important to ensure that any registered trade marks continue to be regarded as a trade mark. If a trade mark becomes known as the generic name for a particular type of goods or services and ceases to be recognised as a trade mark, an application to the courts to have the registration cancelled may be successful.

Relevant Compliance Frameworks

Legislation, Standards and Codes may be linked to one or more of the University's compliance frameworks either as the driver of the requirements, or as a component of the framework.

The relevant frameworks are listed below.

  • None