Where infringement of a registered right is established, the relief that a court may grant includes an injunction to prevent further infringement and either damages or an account of profits at the plaintiff’s option, and legal costs. Registered trademark owners may also give the Australian Border Force a notice objecting to the importation of goods that infringe their registered trademarks.
If a trademark is not registered and another person uses it, a passing-off action under common law and/or a claim for a breach of the prohibition against misleading or deceptive conduct (under the CCA) may be pursued. Successfully pursuing an action for passing off may be considerably more difficult than taking action under the TMA because an action for passing off requires proving goodwill or reputation in the trademark and proof that use of the trademark has misled or deceived consumers as to the origin of goods and services sold under the mark.