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Australian Trademark Law
Australian trade mark law is based on common-law use-based rights as well as the ''Trade Marks Act 1995'' (Cth), which is administered by IP Australia, an Australian government agency within the Department of Industry, Innovation and Science. Use-based rights are less certain than registration, and depend on the mark having developed a reputation in the region in which a business owner seeks to enforce its common-law trade mark. Registration provides advantages such as constructive notice and nationwide rights. Among other things, the ''Trade Marks Act'' defines trade marks (including certification marks and collective marks), what constitutes trademark infringement and defences and exceptions thereto, and (together with the ''Trade Marks Regulations'' 1995 (Cth)) sets out procedures for registration and other proceedings before the Registrar of Trade Marks. The legislation does not codify the law of trade marks in Australia; as a common law jurisdiction, a trade mark owner may ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
IP Australia
IP Australia is an agency of the Department of Industry, Innovation and Science. IP Australia administers intellectual property rights and legislation relating to patents, trade marks, registered designs and plant breeder's rights in Australia. The agency's precursor, the Australian Patent Office, was established in 1904 by the Commonwealth of Australia. Since 1998, IP Australia has been located in Discovery House in Canberra, Australia. In 2007 Discovery House was expanded to include a third wing allowing co-location of all personnel. The new west wing of Discovery House was officially opened on 31 October 2007 by the Governor-General, Major General Michael Jeffery AC CVO MC (Retd). In 2008-9 IP Australia opened a patent examination centre in Melbourne to accommodate 40 patent examiners. IP Australia has been an International Searching Authority (ISA) and International Preliminary Examining Authority (IPEA) for patent applications filed in accordance with the Patent Co-operati ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Passing Off (legal Term)
Passing off is a common law tort which can be used to enforce unregistered trade mark rights. The tort of passing off protects the goodwill of a trader from misrepresentation. The law of passing off prevents one trader from misrepresenting goods or services as being the goods and services of another, and also prevents a trader from holding out his or her goods or services as having some association or connection with another when this is not true. Passing off and trade mark law A cause of action for passing off is a form of intellectual property enforcement against the unauthorised use of a get-up (the whole external appearance or look-and-feel of a product, including any marks or other indicia used) which is considered to be similar to that of another party's product, including any registered or unregistered trademarks. Passing off is of particular significance where an action for trade mark infringement based on a registered trade mark is unlikely to be successful (due to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trademark Symbol
The trademark symbol is a symbol to indicate that the preceding mark is a trademark, specifically an unregistered trademark. It complements the registered trademark symbol which is reserved for trademarks registered with an appropriate government agency. In Canada, an equivalent symbol, (U+1F16A) is used in Quebec. Canada also has an Official mark symbol, , to indicate that a name or design used by Canadian public authorities is protected. Some German publications, especially dictionaries, also use a grapheme, (U+1F12E), which is informative and independent of the actual protection status of the name. Use Use of the trademark symbol indicates an assertion that a word, image, or other sign is a trademark; it does not indicate registration or impart enhanced protections. Registered trademarks are indicated using the registered trademark symbol, , and in some jurisdictions it is unlawful or illegal to use the registered trademark symbol with a mark that has not been ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian Border Force
The Australian Border Force (ABF) is a federal law enforcement agency, part of the Department of Home Affairs, responsible for offshore and onshore border control enforcement, investigations, compliance and detention operations in Australia. Through the ABFs Marine Unit, the ABF performs Coast Guard and marine law enforcement duties and is a component of the Maritime Border Command. The ABF is also part of the National Intelligence Community and is an active member of the World Customs Organization. The ABF was formed under the ''Australian Border Force Act 2015'' with broadened legislative powers including the introduction of sworn officers. A new uniform was introduced and following the transition there was an increase in the number of officers authorised to carry firearms. As of 2016, approximately 15% of the Force is firearms trained which will increase by 2020 to no less than 25%. History 1901–1985 - Customs The origins of the Australian Border Force are traced back to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Well Known Marks
A well is an excavation or structure created in the ground by digging, driving, or drilling to access liquid resources, usually water. The oldest and most common kind of well is a water well, to access groundwater in underground aquifers. The well water is drawn up by a pump, or using containers, such as buckets or large water bags that are raised mechanically or by hand. Water can also be injected back into the aquifer through the well. Wells were first constructed at least eight thousand years ago and historically vary in construction from a simple scoop in the sediment of a dry watercourse to the qanats of Iran, and the stepwells and sakiehs of India. Placing a lining in the well shaft helps create stability, and linings of wood or wickerwork date back at least as far as the Iron Age. Wells have traditionally been sunk by hand digging, as is still the case in rural areas of the developing world. These wells are inexpensive and low-tech as they use mostly manual labour, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Confusing Similarity
In trademark law, confusing similarity is a test used during the examination process to determine whether a trademark conflicts with another, earlier mark, and also in trademark infringement proceedings to determine whether the use of a mark infringes a registered trademark. In many jurisdictions this test has been superseded by the concepts of similarity and likelihood of confusion, due to the harmonizing effects of the Agreement on Trade-Related Aspects of Intellectual Property Rights. Infringement Where mark X is not identical to a registered trademark, the use of mark X may still amount to an infringement if it is "confusingly similar" to the registered trademark. Mark X may share elements of spelling or style that would lead a reasonable observer to believe the trademarks were related. For example, in the computer industry, Microsoft has become such a well known trade name and trade mark that other businesses in the industry may want to use the term "micro" or "soft" in the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trademark
A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from others. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. Trademarks used to identify services are sometimes called service marks. The first legislative act concerning trademarks was passed in 1266 under the reign of Henry III of England, requiring all bakers to use a distinctive mark for the bread they sold. The first modern trademark laws emerged in the late 19th century. In France, the first comprehensive trademark system in the world was passed into law in 1857. The Trade Marks Act 1938 of the United Kingdom changed the system, permitting registration based on "intent-to-use", creating an examination based proce ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
British Commonwealth
The Commonwealth of Nations, simply referred to as the Commonwealth, is a political association of 56 member states, the vast majority of which are former territories of the British Empire. The chief institutions of the organisation are the Commonwealth Secretariat, which focuses on intergovernmental aspects, and the Commonwealth Foundation, which focuses on non-governmental relations amongst member states. Numerous organisations are associated with and operate within the Commonwealth. The Commonwealth dates back to the first half of the 20th century with the decolonisation of the British Empire through increased self-governance of its territories. It was originally created as the British Commonwealth of Nations through the Balfour Declaration at the 1926 Imperial Conference, and formalised by the United Kingdom through the Statute of Westminster in 1931. The current Commonwealth of Nations was formally constituted by the London Declaration in 1949, which modernised the com ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Competition And Consumer Act 2010
The ''Competition and Consumer Act 2010'' (CCA) is an Act of the Parliament of Australia. Prior to 1 January 2011, it was known as the ''Trade Practices Act 1974'' (TPA). The Act is the legislative vehicle for competition law in Australia, and seeks to promote competition, fair trading as well as providing protection for consumers. It is administered by the Australian Competition & Consumer Commission (ACCC) and also gives some rights for private action. Schedule 2 of the CCA sets out the Australian Consumer Law (ACL). The Federal Court of Australia has the jurisdiction to determine private and public complaints made in regard to contraventions of the Act. Application of Act The Competition and Consumer Act (CCA) is an act of the Parliament of Australia and so its application is limited by section 51 of the Australian Constitution, which sets out the division of powers between the federal and state parliaments. As a result, most of the CCA is drafted to apply only to corporat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lawsuit
- A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil action brought by a plaintiff (a party who claims to have incurred loss as a result of a defendant's actions) requests a legal remedy or equitable remedy from a court. The defendant is required to respond to the plaintiff's complaint. If the plaintiff is successful, judgment is in the plaintiff's favor, and a variety of court orders may be issued to enforce a right, award damages, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes. A lawsuit may involve dispute resolution of private law issues between individuals, business entities or non-profit organizations. A lawsuit may also enable the state to be treated as if it were a private ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Government Of Australia
The Australian Government, also known as the Commonwealth Government, is the national government of Australia, a federal parliamentary constitutional monarchy. Like other Westminster-style systems of government, the Australian Government is made up of three branches: the executive (the prime minister, the ministers, and government departments), the legislative (the Parliament of Australia), and the judicial. The legislative branch, the federal Parliament, is made up of two chambers: the House of Representatives (lower house) and Senate (upper house). The House of Representatives has 151 members, each representing an individual electoral district of about 165,000 people. The Senate has 76 members: twelve from each of the six states and two each from Australia's internal territories, the Australian Capital Territory and Northern Territory. The Australian monarch, currently King Charles III, is represented by the governor-general. The Australian Government in its ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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