Currently the trade mark parallel importation defence applies when a parallel importer uses the registered mark (or a substantially identical mark). However, parallel importers may wish to use a deceptively similar mark to advertise the legitimate parallel imports. For example if the registered trade mark was for "Stockport Original Quality" rendered in a red cursive font and set inside a simple square device, it may be unclear whether a parallel importer of jeans bearing this mark could use the deceptively similar mark "We are now selling genuine Stockport jeans" to advertise the parallel imports.
On hold 08-Aug-2019
IP Australia does not have sufficient evidence of a problem to justify action at this time. IP Australia is monitoring this issue, and would welcome any relevant evidence of a problem from stakeholders.