19B.2. What rights are given by trade mark registration?

Date Published

A registered owner has exclusive rights in relation to the goods or services covered by the registration to:

All rights in the trade mark accrue from the date of registration. The date of registration is the date the application is taken to have been filed (subsection 20(3)).

The rights of the owner of a registered trade mark are limited by any conditions or limitations that apply to the registration (subsection 20(4)).

In the case of joint owners of a trade mark the rights of registration are to be exercised as if they were the rights of a single person (subsection 20(5)).

2.1   Similar registered trade marks

The rights of the registered owner are limited if a similar trade mark has also been registered by another person.

If trade marks that are substantially identical or deceptively similar have been registered by more than one person, the registered owners cannot prevent one another using their own trade marks to the extent they are authorised to do so under their respective registrations

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