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Homearrow Trade Marks arrowBefore You Apply arrowProhibited Signs arrowObjection process for signs notified under Article 6ter of the Paris convention

Trade Marks  

Objection process for signs notified under Article 6ter of the Paris convention

Article 6ter paragraph (4) of the convention provides:

Any country of the Union may, within a period of twelve months from the receipt of the notification, transmit its objections, if any, through the intermediary of the International Bureau, to the country or international intergovernmental organization concerned.

If you consider that the extension of protection to a newly notified sign may have a significant adverse effect on your prior trade mark rights you may lodge an objection with the Registrar of Trade Marks. An objection may also be based on an established practice for the use of a sign or a legitimate need or right to use the mark in Australia. Alternatively you may wish to provide the Registrar with additional information in relation to the extension of protection to a notified sign.

All objections, or additional information, should be forwarded in writing for consideration to the following address:

Deputy Registrar of Trade Marks and Designs
Hearings & Legislation Section
IP Australia
PO Box 200
Woden ACT 2606

Objections must be received by the Registrar of Trade Marks within eleven months of the notification date.

All objections and any additional information will be considered by the Registrar on their merits and any appropriate objections will be conveyed to the International Bureau at the World Intellectual Property Organisation