Harris Tweed the trade mark should have been granted exclusively to Harris, the Orb Trade Mark was granted. The Harris Tweed Association, a voluntary body, was formed to protect both the use of the Orb Trade Mark and to protect the use of the name ‘Harris Tweed’ from imitations. The original definition attached to the Orb Trade Mark stated that: Harris Tweed means a tweed, hand-spun, hand-woven and dyed by the crofters and cottars in the Outer Hebrides. In 1993, a new statutory body to guard the Orb Trade Mark, the Harris Tweed Authority, replaced the original Harris Tweed Association. Also in
Australian trade mark law Australian trade mark law Australian trade mark law is based on common-law use-based rights as well as the Trade Marks Act 1995 (Cth), which is administered by IP Australia, an Australian government agency within the Department of Industry, Tourism and Resources. Use-based rights are less certain than registration, and depend on the mark having developed a reputation in the region in which a company seeks to enforce its common-law trade mark. Registration provides advantages such as constructive notice and nationwide rights. Among other things, the Trade Marks Act defines trade marks (including certification marks and collective marks), what constitutes trademark