Region: Australia

Australia: the prosecution landscape from pendency to use requirements

Featured in Asia-Pacific Trademark Prosecution Review 2024

Both registered and unregistered trademarks are recognised andprotected in Australia, either by way of formal registration under trademark legislation, or the protection afforded by the consumer law and the common law tort of passing off. Australia’s trademark legislation provides avenues for the opposition to registration of trademarks, as well as removal of trademarks from the register.

22 September 2023

New research paper details challenges and bias facing women in IP

Interviews with women in Australia and New Zealand recounted an overwhelming number of negative experiences, although the participants in the study remain optimistic about the future.

07 September 2023

Trademark classification of virtual goods and services in Australia

IP Australia’s recently published guide confirms that existing trademark protection for real-world goods is not sufficient to cover digital goods of the same description.

07 September 2023

Australia: Courts clarify key components of national trademark law

Featured in Asia-Pacific Trademark Litigation Review 2024

Landmark judgments have set important precedents regarding what constitutes a trademark, the relevance of a mark’s reputation when determining infringement and the applicability of the Nice Classification.

25 August 2023