Jurisdiction: Australia. Reviewed 27 October 2026.
International sporting events put brands in front of audiences across borders. Before buying advertising or launching event-related merchandise, check the rights in each relevant market rather than assuming a local registration covers every broadcast destination.
What is the Australian trade mark issue?
Section 120(1) of the Trade Marks Act concerns use as a trade mark of a substantially identical or deceptively similar sign for the registered goods or services. Other subsections address related goods or services and well-known marks. Exceptions also matter. Advertising seen in Australia is not automatically infringement, and targeting an overseas audience is not automatically an exemption.
Sponsorship and ambush marketing
Official sponsorship typically grants defined commercial association rights. Ambush marketing describes attempts to gain an association without buying those rights, but the label alone does not establish illegality. Assess trade marks, misleading representations, event-specific legislation, ticket conditions and contracts. A company’s appearance at an event does not prove it was an unauthorised sponsor.
Practical preparation
Search the relevant registers, obtain permissions for event logos and footage, and state clearly which rights the sponsorship agreement grants. Define territories, media, exclusivity and approval procedures. An international filing through Madrid seeks protection in designated markets; each market applies its own law. Resolve possible conflicts before paying for a campaign.
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