Trade Marks Manual of Practice and Procedure

Full reviews and updates.

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 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.