Australian trademark law is sourced from the Trade Marks Act 1995 (Cth) (TMA) as well as common law use-based rights, which provide protection for unregistered rights under the common law tort of passing off.
Trade practices legislation, principally Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (CCA), provides additional remedies to trademark owners of registered and unregistered trademarks.
Registered trademarks may be signified through use of the ® symbol. Unregistered trademarks may be signified through use of the TM symbol.
Australia is a party to the Trademark Law Treaty, the Madrid System, the Singapore Treaty on the Law of Trademarks, and the Nice Agreement.