TRADE MARKS ACT 1994 No. 156 of 1994 - SECT 129 When is a trade mark infringed?

TRADE MARKS ACT 1994 No. 156 of 1994 - SECT 129

129.(1) A person infringes a registered trade mark if the person uses in the
course of trade a sign that is substantially identical with, or deceptively
similar to, the trade mark in relation to goods or services in respect of
which the trade mark is registered.

(2) A person infringes a registered trade mark if the person uses in the
course of trade a sign that is substantially identical with, or deceptively
similar to, the trade mark in relation to goods or services that are of the
same description as, or are closely related to, goods or services in respect
of which the trade mark is registered. However, the person is not taken to
have infringed the trade mark if the person establishes that using the sign in
that way is not likely to deceive or cause confusion.

(3) A person infringes a registered trade mark if:

   (a)  the trade mark is well known in Australia; and

   (b)  the person uses in the course of trade a sign that is substantially
        identical with, or deceptively similar to, the trade mark in relation
        to goods
or services ("unrelated goods or services") that are not:

        (i)    goods or services in respect of which the trade mark is
               registered; or

        (ii)   goods or services of the same description as, or closely
               related to, goods or services in respect of which the
               trade mark is registered; and

   (c)  because of the use of the sign by the person:

        (i)    the unrelated goods or services are likely to be mistaken as
               goods or services dealt with or provided by the
               registered owner of the trade mark; and

        (ii)   for that reason, the interests of the registered owner are
               likely to be adversely affected.