Trade Marks Manual of Practice and Procedure - 7/4/2016

To be published in the Australian Official Journal of Trade Marks on 07/04/2016

Full Reviews to Parts 4, 9, 14, 48, 54 and 55

Updates only to Parts 1 and 22

 

Update of Part 1: Introduction, Examination Quality Standards

Examination Quality Standards updated to include references to IP Australia’s Quality Policy and Quarterly Objectives

 

Review of Part 4: Fees

Full review of Part with minor content changes; amended references to “Trade Marks and Designs Administration” to “Administration” only following corporate restructure.

 

Review of Part 9: Amendments and Changes to Name and Address

Full review completed, minor updates: notes added to 9.2.1 and 9.7

 

Review of Part 14: Classification of Goods and Services

Minor update to 6.2 to correct class description and number; Updated to:

  • reorder the Annex list;
  • incorporate a revised cross class search list (Annex A12);
  • add registered term SEGWAY to Annex A3.

 

Update of Part 22: Section 41 – Capable of Distinguishing

Added information regarding hashtags (see 14.5)

 

Review of Part 48: Removal of a Trade Mark from the Register for Non-use

Full review of part; general reformatting of wording

 

Review of Part 54: Subpoenas, Summonses and Production of Documents

Full review of part; reformatting of wording

 

Review of Part 55: Costs

Full review of part; amendments made to remove outdated procedural information and to clarify:

  • the right of a self-represented solicitor to claim costs in a trade mark opposition;
  • the award of costs in a disputed extension of time;
  • the Registrar’s practice in relation to the award of costs when the merits of the opposition have not been determined;  
  • the legislative authority for the payment of security of costs in a proceeding involving an international trade mark.

 

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

Publish online date: 
Thursday, April 7, 2016