Trade Marks Act

An action for unfair competition may be brought under the common law action of passing off, or under the Trade-marks Act. Individuals, trade associations and pharmaceutical companies may be able to initiate legal proceedings for unfair competition. 

There are two ways of protecting trade marks firstly, under the Trade Marks Act 1994 and secondly, protection at common law, tmder the tort of passing off. It is not esserrtial to register a trade mark at the Trade Marks Registry, but a registered mark will be protected under the Act and at common law, whereas an unregistered mark has orrly common law protection. 

Section 1 of the Trade Marks Act 1994 states that a trade mark means... 

The use of general descriptive names, trade names, trademarks, etc. in this publication, even if the former are not especially identified, is not to be taken as a sign that such names, as understood by the Trade Marks and Merchandise Marks Act, may acccording-ly be used freely by anyone. 

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