good faith

Trade mark infringement – the good faith defence

To build a brand, its vital for businesses to be aware of their rights with respect to using the intellectual property of others to avoid inadvertently infringing on someone else’s rights.  Where a person honestly and accidentally infringes another’s trade mark (Infringer) a defence that may be available is that the the mark in question was being used  in good faith.  The circumstances in which this defence is available is set out in  section 122 of the Act and is the subject of this article. [Read more…]

Opposing a trade marks on the grounds of bad faith

If a someone has applied to register a trade mark and has done so in bad faith, knowing something they have said is incorrect or false, registration may be able to be opposed or, if it has already been registered, apply for removal of the trade mark on the grounds of bad faith.

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