Trademark law is the area of law that deals with the registration, protection, and enforcement of trademarks, which are distinctive signs or symbols used to identify and distinguish goods or services in the marketplace. Trademarks can include words, logos, designs, and other types of symbols.
In Australia, trademark law is primarily governed by the Trade Marks Act 1995 (Cth) and the Trade Marks Regulations 1995 (Cth) which is the federal legislation that applies throughout Australia. The act provides for the registration and protection of trademarks, and it governs issues such as the rights of trademark owners, the rights of users, and the administration of trademarks.
The Australian trade marks office is responsible for the registration and administration of trademarks in Australia and it's governed by IP Australia.
In order for a trademark to be registered in Australia, it must be distinctive and not similar to any existing trademark in Australia. Also, it must be used or intended to be used in relation to the goods or services it represents.
It's important to note that trademarks are granted for a specific period of time, usually 10 years from the date of registration, and that the trademark owner must renew the registration to keep the trademark in force.
