Famous Mark Protection in Australia
Prior to 1995 Act, the Australian Trademark Law provided no express mention of famous or well known marks as well as protection against the use of similar marks on goods that were not covered by a registration. However, it provided only defensive registration for marks where the applicant could establish that the use of that mark in relation to other goods or services likely to indicate a connection with the registered owner of an existing registration. The Act also included a specific provision dealing with infringement which aimed to give broader rights to owners of well-known marks provided such marks are registered and are well know in Australia. The Act included a provision a basis on which a reputation exists in Australia , the owner could oppose registration of a deceptively similar mark if that registration would be likely to deceive or cause confusion.
However, in 2006, two changes were made in 1995 Act of the Trademark Law. One the ground for opposition has been broadened upon which the owner of a well-known mark can prevent registration of a deceptively similar mark. The second change is the introduction of a new ground of opposition where an application was made in a bad faith.
The purpose of changes was to give effect in Australian Trademark Law of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and thereby better facilitate the enforcement of rights in well-known marks.
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