NSW Importing Trademarked Goods Direct

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arianna

Member
18 March 2019
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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
 

Rob Legat - SBPL

Lawyer
LawTap Verified
16 February 2017
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Gold Coast, Queensland
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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.
 

arianna

Member
18 March 2019
2
0
1
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?
 

Rob Legat - SBPL

Lawyer
LawTap Verified
16 February 2017
2,161
459
2,394
Gold Coast, Queensland
lawtap.com
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.