The law relating to registered trade marks in Australia is set out in the Competition and Consumer Act 2010 (Cth). The reputation and goodwill attaching to unregistered trade marks can also be protected in Australia either by means of an action for misleading and deceptive conduct pursuant to the consumer protection provisions of the Australian Competition and Consumer Act 2010 (Cth) or on a non-statutory basis by resort to the common law action for passing off.
The trade mark and brand dispute resolution team at Griffith Hack calls on the experience and talents of a number of highly experienced trade mark litigation lawyers and trade mark attorneys with very considerable experience in representing clients across a range of trade mark issues including:
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- Advice regarding the use of registered and unregistered trade marks.
- Opinions on registered trade mark validity and infringement.
- The conduct of trade mark oppositions before IP Australia and appeals to the Federal Court of Australia (FCA) from decisions of IP Australia.
- Representing the interests of parties involved in trade mark infringement, misleading and deceptive conduct and/or passing off proceedings in the FCA.
- Representing the interests of parties involved in trade mark cancellation actions or proceedings to remove trade marks on the ground of non-use.
- Advising and representing parties in relation to disputed comparative advertising claims.
- Reviewing and clearing proposed print, radio and/or television advertisement content.
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Please contact one of our lawyers as listed on the right for further advice.
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Click here for the Trade Mark and Brand Disputes Brochure
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