Register trademarks with IP Australia
Without registration, brand protection relies on common-law passing-off — costly to enforce.
Who must comply
Businesses with valuable brand marks.
What triggers it
Investment in distinctive brand identity.
When due
Voluntary but commercially essential.
Evidence required
Registered trade mark certificate; use records.
Max penalty
n/a (registration is opt-in); infringement = damages + injunctions
Summary
The Trade Marks Act 1995 (Cwlth) governs registration via IP Australia. Registration provides exclusive use rights for 10 years (renewable). Application process includes examination, opposition period and registration. Unregistered marks rely on passing-off + ACL misleading conduct (s 18) for protection.
Source legislation
Topics
Source: https://ipaustralia.gov.au. Rules Mate is not a law firm. Always verify against the live regulator source before acting.