Overview

This unit enables students, through the study of cases, statutes and other material, to acquire a comprehensive knowledge and understanding of, and competence in, Australian trade mark law and the related law of passing-off and the statutory prohibition against misleading and deceptive conduct.

Requisites

Prerequisites

75 credit points in law units

Teaching periods
Location
Start and end dates
Last self-enrolment date
Census date
Last withdraw without fail date
Results released date
Semester 1
Location
Hawthorn
Start and end dates
03-March-2025
01-June-2025
Last self-enrolment date
16-March-2025
Census date
31-March-2025
Last withdraw without fail date
24-April-2025
Results released date
08-July-2025
Teaching Period 1
Location
Online
Start and end dates
10-March-2025
08-June-2025
Last self-enrolment date
23-March-2025
Census date
04-April-2025
Last withdraw without fail date
02-May-2025
Results released date
01-July-2025
Teaching Period 3
Location
Online
Start and end dates
03-November-2025
08-February-2026
Last self-enrolment date
16-November-2025
Census date
28-November-2025
Last withdraw without fail date
02-January-2026
Results released date
03-March-2026

Learning outcomes

Students who successfully complete this unit will be able to:

  • Describe and evaluate Australian statutory and common law and trade mark law to support judgments and justify opinions
  • Determine the factors relevant to obtaining, maintaining and protecting registered trade marks
  • Apply trade mark law toward factual situations to effectively advise and communicate with clients on the appropriate strategy of trade mark protection
  • Conduct trade mark law related research and use the results of that research in the practice of obtaining the registration of a trade mark in Australia.

Teaching methods

Hawthorn

Type Hours per week Number of weeks Total (number of hours)
On-campus
Class		 3.00  12 weeks  36
Online
Lecture (asynchronous)		 1.00  12 weeks  12
Unspecified Activities
Independent Learning		 8.50  12 weeks  102
TOTAL     150

Swinburne Online

Type Hours per week Number of weeks Total (number of hours)
Online
Directed Online Learning and Independent Learning		11.50 12 weeks 138
Live Online
Class		1.00 12 weeks 12
TOTAL150

Assessment

Type Task Weighting ULO's
Research Assignment Individual  50 - 70%  1,2,3,4 
Portfolio Individual  30 - 50%  1,2,3,4 

Content

  • Passing-off
  • The relationship between passing off and the ACL
  • Extensions of passing-off including character merchandising and celebrity endorsements
  • Introduction to Trade Marks Act 1995 (Cth)
  • Rationale for protection
  • The registration process
  • Definition of a trade mark
  • Entitlement to apply for registration
  • Grounds for refusal
  • Grounds for opposition
  • Grounds for rectification/removal
  • Infringement
  • Defences
  • Remedies

Study resources

Reading materials

A list of reading materials and/or required textbooks will be available in the Unit Outline on Canvas.