Power of Registrar to amend trade mark applications to comply with legal personality requirements

At a glance

Policy ID: 27

Status: Closed

Priority: No priority assigned

Trade marks

Issue summary

Some trade mark applicants file their trade mark applications in names that do not satisfy the "person or persons having legal personality" requirements of the Trade Marks Act e.g. they file in their trading or business name. Under this item the Trade Marks Act would be amended to put beyond doubt that the Registrar has the power to amend the name on trade mark applications so that those applications can proceed in a name that satisfies the "legal personality" requirements of the Trade Marks Act.

Comments

This item is included in the Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Act 2018 which received Royal Assent on 24 August.

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