Trademark Protection - Reputation Trademark
WHAT IS PROTECTEDAny sign that through use or other circumstance has acquired a reputation in Australia indicating a particular trader.
OBTAINING PROTECTION
Unlike the situation in relation to registered trade marks, protection is not dependent on registration but on acquiring the relevant reputation.
WHO GAINS PROTECTION
The person in whom the reputation resides.
LENGTH OF PROTECTION
For as long as the reputation exists.
PROTECTION CONFERRED
The right to prevent others in Australia using the trade mark or a sufficiently similar trade mark whereby persons are misled or deceived into believing that the unauthorised user’s goods or business are that of, or connected with, the person in whom the reputation resides.