Trademarks
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Trade Mark Examiners Manual - Part 27 - Overcoming Grounds for Rejection under Section 44
Once an applicant has received a report from the Registrar raising grounds for rejection under section 44, the application cannot proceed to registration until the grounds for rejection are overcome. In an attempt to overcome these, the applicant ma...
Trade Mark Examiners Manual - Part 26 - Section 44 and Regulation 4.15A - Conflict with Other Signs
Part 26 of the Trade Mark Examiner's Manual details how section 44 of the Trade Marks Act 1995 comes into place. Under section 44, an application for a trade mark must be rejected if the applicant's trade mark is substantially identical with or dece...
Trade Mark Examiners Manual - Part 24 - Disclaimers
A disclaimer is a limitation of the exclusive rights given by registration to use and authorise the use of a trade mark and this is looked at in Part 24 of the Trade Mark Examiner's Manual. In general terms the owner of a registered trade mark has no...
Trade Mark Examiners Manual - Part 23 - Grounds for Rejection under Section 41 - including Evidence of Use
There are several reasons that an examiner may reject your application and Part 23 of the Trade Mark Examiner's Manual goes into detail about each of those grounds, and also how an Applicant may be able to overcome each situation with the relevant ev...
Trade Mark Examiners Manual - Part 22 - Section 41 - Capable of Distinguishing
An application for registration of a trade mark must be rejected if the trade mark is not capable of distinguishing the applicant’s goods and/or services from the goods and/or services of other persons. Part 22 of the Trade Mark Examiners Manua...
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