Policy ID: 
28
Status: 
Completed
Issue summary: 

A trading or business name does not have legal personality. Neither does the name of a trust. However, unrepresented applicants who file trade mark applications often file their application in the name of a business or a trust.

Changes to IP Australia's e-Services and PDF application forms will provide more guidance for applicants on what does and does not constitute a correct applicant name.

History: 

Implementation 04-Sept-2017

Completed 24-Aug-2018

Comments: 

In 2018, IP Australia rolled out help text in eServices to guide applicants. The Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Act 2018 also made a related improvement to the Trade Marks Act 1995 to clarify the legal basis of the Registrar to amend an application if the applicant has filed in a name without legal personality. 

Tag: 
Trade Marks
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