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Recent Developments in Australian Trademark Law

As a business owner or an individual in Australia, you must stay abreast of the ever-changing trademark landscape influenced by new laws, court rulings, and technological advancements.

Keeping up with these developments is key to protecting your brand identity and intellectual property. This overview covers the recent significant changes in Australian trademark law, highlighting important shifts that could impact your trademark registration and protection.

1. New Guidelines for Classifying Emerging Technologies in Trademarks

IP Australia has issued new guidelines for classifying trademarks related to emerging technologies like virtual goods, NFTs, and AI. It's crucial for you to accurately classify and describe the goods or services in your trademark applications. Talk to use about trade mark classifications.

2. Exhaustion of Trademarks and Goods

A key change in trademark law is the statutory exhaustion principle. Once goods with a trademark are sold in Australia with the owner's consent, the owner can't restrict further sales, impacting parallel imports and secondary market transactions.

3. Prior Use Defence in Trademark Opposition

A new defence in opposition proceedings lets you rely on prior use of a trademark similar to one applied for. This is important if you oppose registrations conflicting with your established trademark rights.

4. Amendments to Protect Olympic Insignia

2022 saw changes to protect Olympic insignia, including exclusive registration rights for the AOC and IOC, restrictions on usage suggesting endorsements, and an expanded definition of Olympic insignia.

5. Increased Scrutiny of Trademark Applications

IP Australia is more rigorously examining trademark applications for distinctiveness and potential conflicts. This is to enhance the quality of the trademark register and prevent consumer confusion.

As the Australian trademark landscape continuously evolves, you must stay informed to ensure proper registration and protection of your trademarks. We work with trademarks.


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