Trade Marks Manual of Practice and Procedure

To be published in the Australian Official Journal of Trade Marks on 08 Sept 2016.

2 May to 1 Sept 2016

Full reviews to Parts 2, 7, 10, 11, 18, 19A, 31, 40, 47 and 62

Updates only to Parts 9, 14, 22, 30, 43 and46

 

Review of Part 2: General Filing Requirements

Full review of part; minor updates to content

 

Review of Part 7: Withdrawal of Applications, Notices and Requests

Full review of part; minor updates to content; deletion of Annex A1 flow chart as no longer relevant

 

Update of Part 9: Amendments and changes to name and address

Minor update to 2.1 to add information about how to deal with amendments received via email.

 

Review of Part 10: Details of Formalities requirements  

Full review of part; no changes

 

Review of Part 11: Convention Applications

Full review of part; no changes

 

Update of Part 14: Classification of Goods and Services  

Annex A3 updated to include registered trade marks HDMI, MOCKTAILS and FEDORA; amendment to 2.1.4 and Annex A5 to clarify name of classification search engine.

 

Review of Part 18: Finalisation of Application for Registration

Full review of part; minor wording changes

 

Review of Part 19A: Use of a Trade Mark

Full review of part; general wording revision and minor changes; additional information added to 2.6

 

Update of Part 22: Section 41 – Capable of distinguishing

Amendment to Part 22.15.3 to change example of geographical location

 

Update of Part 30: Signs that are Scandalous or Contrary to Law

Update to 3.5.3 regarding BANK marks - includes clarification on ways to overcome section 42 and use of APRA letters of consent; addition of guidance at 30.3.5.10 Country of Origin Food Labelling Information Standard 2016, as well as addition of standard to Annex A1.

 

Review of Part 31: Prescribed and Prohibited Signs

Full review; updated 4.2 and minor rewording to part overall.

 

Review of Part 40: Renewal of Registration

Full review of part; no changes to content

 

Update of Part 43: Assignment and Transmission  

Update to 43.1.3 to provide clarification of the effects of assignment on s58 and s59

 

Update of Part 46: Grounds for Opposition to registration or Protection

Updates to 46.1 and 46.4.4 to provide clarification of effects of assignment on s58 and s59

 

Review of Part 47: Procedures for Opposing Registration or Protection

Full review of part; minor updates to content

 

Review of Part 62: Revocation of Registration

Full review to part; update to 62.4 and 62.9 headings to make content clearer.

 

For more information contact us to speak to Chrissie Norman or Anne Brightman in our Trade Marks and Designs section.

 

 

Publish online date: 
Thursday, September 8, 2016