Australian trade mark law is based on common-law use-based rights as well as the Trade Marks Act 1995 (Cth), which is administered by IP Australia, an Australian government agency within the Department of Industry, Innovation and Science.
The legislation does not codify the law of trade marks in Australia; as a common law jurisdiction, a trade mark owner may also (for example) seek to protect its rights through legal proceedings for passing off[3] or, more commonly, misleading and deceptive conduct contrary to the Competition and Consumer Act 2010.
[4] The procedure to register a trade mark in Australia is much the same as in other British Commonwealth countries.
[5] The Australian Trade Marks Office Manual of Practice and Procedure is an official publication produced by IP Australia, which provides detailed information to examiners and applicants on the practices and procedures relating to the filing, examination, and registration of a trade mark in accordance with the provisions of the Trade Marks Act 1995 (Cth).
The Australian Border Force has in place a procedure permitting a registered trade mark owner to seize goods which infringe registered trade mark rights.