trade mark infringement

trade mark infringement
A registered trade mark is infringed under circumstances specified in the Trade Marks Act 1994. This broadly restricts anyone else using the mark or a similar mark in the same or similar class of goods and services. Unregistered marks can be protected by means of a passing-off action if there is the prospect of confusion of identity through unauthorised use of similar marks or get up.

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  • Australian trade mark law — is based on the Trade Marks Act 1995 (Cth), which is administered by IP Australia, an Australian government agency within the Department of Industry, Tourism and Resources.Amongst other things, the Trade Marks Act defines trade marks (including… …   Wikipedia

  • Trade dress — refers to characteristics of the visual appearance of a product or its packaging (or even the facade of a building such as a restaurant) that may be registered and protected from being used by competitors in the manner of a trademark. Vague|What… …   Wikipedia

  • Trade Symbols — in the United StatesThere are four type of trade symbols# Trade mark Unique Symbol, word, picture, name or combination of these, e.g. Apple Symbol of Apple Computer. # Service mark Which identifies one service from another, e.g. Golden Arches of… …   Wikipedia

  • infringement — in·fringe·ment n: the act or an instance of infringing; esp: the unauthorized use of copyrighted or patented material or of a trademark, trade name, or trade dress see also equivalent, fair use ◇ Infringement of a trademark, trade name, or trade… …   Law dictionary

  • Trade secret — Trade Secrets redirects here. For other uses, see Trade Secrets (disambiguation). Intellectual property law Primary rights …   Wikipedia

  • trade name — n: a name or mark that is used by a person (as an individual proprietor or a corporation) to identify that person s business or vocation and that may also be used as a trademark or service mark ◇ Like a trademark or service mark, a trade name is… …   Law dictionary

  • Trade group efforts against file sharing — Arts and media industry trade groups such as the Recording Industry Association of America (RIAA) and Motion Picture Association of America (MPAA) strongly oppose and attempt to prevent copyright infringement through file sharing. The… …   Wikipedia

  • infringement — /infrinjmant/ A breaking into; a trespass or encroachment upon; a violation of a law, regulation, contract, or right. Used especially of invasions of the rights secured by patents, copyrights, and trademarks. See also encroachment trespass. @… …   Black's law dictionary

  • infringement — /infrinjmant/ A breaking into; a trespass or encroachment upon; a violation of a law, regulation, contract, or right. Used especially of invasions of the rights secured by patents, copyrights, and trademarks. See also encroachment trespass. @… …   Black's law dictionary

  • Trademark infringement — is a violation of the exclusive rights attaching to a trademark without the authorization of the trademark owner or any licensees (provided that such authorization was within the scope of the license). Infringement may occur when one party, the… …   Wikipedia

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