Trade Marks Manual of Practice and Procedure - 2/9/2014

To be published in the Australian Official Journal of Trade Marks on 4 September 2014

Review/Updates of Part 17, 23, 27, 28, 30, 34, 52

Review of Part 17

Deferment of Acceptance

Part 17 has been reviewed with changes made including clarification of deferment within 15 months and clarification of deferment after 15 months.

Update of Part 23

Overcoming Grounds for Rejection under Section 41 - including evidence of use

Part 23 has been updated to include information about submitting evidence via eServices.

Update of Part 27

Overcoming Grounds for Rejection under Section 44

Part 27 has been updated to include information about submitting evidence via eServices.

Review of Part 28

Honest Concurrent Use, Prior Use or Other Circumstances

Part 28 has been reviewed with changes made including clarification of other circumstances and the inclusion of information about submitting evidence via eServices.

Update of Part 30

Signs that are Scandalous and Use Contrary to Law

Part 30 has been updated to include the Commonwealth Games Arrangements Act 2011 (Queensland) as an example of legislation which may trigger the provisions of section 42(b).

Update of Part 34

Defensive Trade Marks

Part 34 has been updated to include information about submitting evidence via eServices.

Update of Part 52

Hearings, Decisions, Reasons and Appeals

Part 52 has been updated to clarify information about the service of documents on the Registrar.

Please contact us to speak to Katrina Brown in our Trade Marks and Design section.

Publish online date: 
Tuesday, September 2, 2014