Trademark Enforcement Aspects in Australia
Some of the trademark enforcement aspects are highlighted as under:
Border protection measures: Under the Trademark Act and Copyright Act provisions have been made to seize goods that infringe trademarks and copyrights when they are brought into Australia if a trademark right owner or copyright owner or user of a trademark owner's licensee lodge a notice of objection subject to the following conditions:
- goods that have a trademark that are imported and are substantially identical or deceptively similar to a registered trademark, and/ or
- copyright works of the nominated copies have constituted an infringement of copyright by the importer.
If the objector does not commence legal proceedings within the stipulated time, Customs may either release the goods to the importer unless they have been voluntarily forfeited or dispose of the goods by destruction or donation to a charity or as ordered by the court.
Direct Infringement:- Under the rule, direct infringement denotes to an action which could be brought solely on the basis of evidence of proof of registration for unauthorized use of the trademark or a sign by third parties that is substantially identical or deceptively similar to the trademark in relation to goods or services in respect of which the trademark is registered by the genuine owner..
Indirect Infringement:- Indirect infringement occurs where a mark is identical or similar to a registered mark, so used and is solely related to the registered goods or services, as the case may be. However, if an infringer proves that the use of the trademark is unlikely to deceive or cause confusion, there will be no infringement.
Well-known marks:- A well-known mark in Australia is infringed where a person uses a mark which is deceptively similar in respect of unrelated goods or services for which the use could be viewed as indicating a connection between the unrelated goods or services of the owner of the registered well-known mark.
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