Some trade mark applicants file their trade mark applications in names that do not satisfy the "person or persons having legal personality" requirements of the Trade Marks Act e.g. they file in their trading or business name. Under this item the Trade Marks Act would be amended to put beyond doubt that the Registrar has the power to amend the name on trade mark applications so that those applications can proceed in a name that satisfies the "legal personality" requirements of the Trade Marks Act.
Consultation 23-Oct-2017 to 4-Dec-2017
Policy development 5-Dec-2017
In Parliament 28-Mar-2018
This item is included in the Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Bill 2018 and introduced to the Australian Parliament on 28 March 2018.
The Bill passed the House of Representatives on 27 June 2018. It is expected to be debated in the Senate in the Spring sitting of 2018.