Deleted user
Lawyer
posted 2 years ago
Potentially, Yes.
As a general rule, trademarks are territorial, and right to a trademark is by virtue of registration and not use. Given this, if the mark is not registered (note: registered, and not used) in a certain jurisdiction, then one can potentially register the mark in that country. There are however exceptions to this rule, such as, for example, if the mark is considered a "well-known" mark, in which case, the Intellectual Property Registry will likely not approve your trademark application, because it is considered a well-known mark in your country.
You mentioned that the company does not operate in your own country, but it does not mean that it has not registered that mark. As a first step, I would suggest you do a search in the Australia Trademark database to see whether or not the mark is registered.
Wishing you luck in your new business.
