Trademarks Act 2019 · Updated to 18 Mar 2022 · Part I · Preliminary
3. Definition of “trademark”
Feedback & support“Trademark” means any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings.
sign
“sign” includes any letter, word, name, signature, numeral, device, brand, heading, label, ticket, shape of goods or their packaging, colour, sound, scent, hologram, positioning, sequence of motion or any combination thereof;
A sign may constitute a trademark even though it is used in relation to a service ancillary to the trade or business of an undertaking and whether or not the service is provided for money or money’s worth.
References in this Act to a trademark includes, unless the context otherwise requires, references to a collective mark or certification mark.
Trademarks 17