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Trade Mark Examiners Manual - Part 47 - Procedures for Opposing Registration or Protection
Part 47 of the Trade Mark Examiner's Manual provides for the procedures to be taken by a party opposing a trade mark registration, from filing, to time limits and making documents available to IP Australia to back up the opposition.
Trade Mark Examiners Manual - Part 28 - Honest Concurrent Use, Prior Use and Other Circumstances
Part 28 of the Trade Mark Examiner’s Manual notes that applications may be accepted in the face of conflicting trade marks, where there was "honest concurrent use" of the trade mark as well as "other circumstances", i.e. two parties unknowingly using...
What are you known for and what is the end product?
A health tech business which connects to a health tech platform may fall under Class 9 being a smart watch as a Good. But she should also protect her services of providing nutrition information in the platform which is a Service - so she would also...
Trade Mark Examiners Manual - Part 39 - Registration of a Trade Mark
Registration represents the successful end-point for an application for registration of a trade mark that has been accepted. In a legal sense, registration gives the owner the right to use, license, or sell the mark within Australia for the goo...
Trade Mark Examiners Manual - Part 54 - Subpoenas, Summonses and Production of Documents
When it comes to hearings for trade mark opposition, evidence may be required from people and this may be sought by way of a subpoena, summonse or production of documents, essentially forcing them to provide documents or come to the hearing to provid...
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