Back to Basics – Australian Trade Mark Law 101

2018 marks the publication of the first Trademarks Law Review from the Law Review series.  The Law Review collates cross-border legal insights and analysis across a range of practice areas and is a useful resource for in-house counsel of global organisations.  The Australian chapter of 2018 Trademarks Law Review was co-authored by Frances Drummond and Sophie Lees, both intellectual property lawyers based in Sydney. The chapter provides a high level introduction Australian trade mark law and describes the process for registering and enforcing a trade marks in both a civil and a criminal context, which may be useful for in-house counsel who are managing brands and who do not have an intellectual property background. Alongside an introduction to core trade mark law principles, the chapter provides insights into some of the key trade mark law cases of the last 12 months.  Significant cases in 2017 included a decision about trade mark infringement through…

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