NSW Importing Trademarked Goods Direct

Discussion in 'Intellectual Property Law Forum' started by arianna, 18 March 2019.

  1. arianna

    arianna Member

    Joined:
    18 March 2019
    Messages:
    2
    Likes Received:
    0
    Hi all! I have a question that I am having trouble finding an answer for. Not sure if this should be in IP or Commerce but here we go...I am looking at importing direct from the OS manufacturer with a view to have an exclusive distribution agreement in the future (work in progress). What I am wondering is what are the legalities around reselling these goods under the trademark/business name? My understanding is I have permission to use the trademark as I am importing direct from the registered owner.....but does this allow me to market/sell under their name? ie the brand is known overseas as BRAND...I want to sell as BRAND Australia - using their logo as "my own". Basically just a reseller. I cannot find a definitive answer on this one! Please be kind - this is a new world for me! Many thanks
     
  2. Rob Legat - SBPL

    LawTap Verified

    Joined:
    16 February 2017
    Messages:
    2,073
    Likes Received:
    444
    This should be covered in your distribution agreement with the manufacturer. You'll be looking for issues like exclusive distribution rights, use of intellectual property (including trade marks), and for support and protection by the IP owner if you come under challenge from a third party.

    You should also check to make sure the trade marks are registered in Australia by searching at ipaustralia.gov.au.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  3. arianna

    arianna Member

    Joined:
    18 March 2019
    Messages:
    2
    Likes Received:
    0
    Thank you! I have searched and it is registered - as I am only currently working towards the exclusive agreement, in the interim they have said they have no issue with providing permission to use logo to develop the brand prior to signing. I am assuming I need this in writing on an official document rather than just in an email thread though?
     
  4. Rob Legat - SBPL

    LawTap Verified

    Joined:
    16 February 2017
    Messages:
    2,073
    Likes Received:
    444
    You're best off in a formal agreement for conciseness and precision. An email conversation could be used as evidence of terms of agreement, but it's always messier that way.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
Loading...

Share This Page

Loading...
gt;