Correcting an obvious error in regulations 4.8 and 4.10 of the Trade Marks Regulations 1995

IP Australia has received a submission from a stakeholder that proposed amendments to the Trade Marks Regulations 1995, to remove the reference to "Division 2 of Part 4" to align them with the current wording of the Act.

At a glance

Policy ID: 164

Status: Identified for action

Priority: Low

Trade marks

Issue Summary

IP Australia has received a submission from a stakeholder that proposed amendments to the Trade Marks Regulations 1995. The Trade Marks Act 1995 was previously amended to make clear that examination should cover any relevant ground for rejection under the Act, not just the grounds listed in Division 2 of Part 4. However, associated provisions in the Trade Marks Regulations, regs 4.8(1)(b) and 4.10(1)(b), still refer only to rejection grounds in Division 2 of Part 4.

The submission suggests the Regulations be amended to remove the reference to “Division 2 of Part 4” to align them with the current wording of the Act.

History

Identified for action, 28 September 2026

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