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A trade mark is a sign that is used in the course of business by a trader to distinguish their goods and services from others. A trade mark can be a letter, word, name, signature, numeral, logo, brand, heading, label, ticket, aspect of packaging, shape, colour, sound, scent, or any combination of these.
The registration of a trade mark under the Trade Marks Act provides a statutory monopoly and exclusive use of the trade mark throughout Australia with the goods and/or services for which it is registered. As a result it gives the owner of the registered trade mark the right to prevent anyone else from using a trade mark that is identical or deceptively similar and from trading in goods and/or services associated with the registered trade mark.
To obtain a trade mark, the sign must not be one that other traders may need to use to promote their own goods or services, such as a general descriptive term, a geographic word or common surname, and it cannot mislead the public about the nature of the goods or services.
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