Trademarks
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Trade Mark Examiners Manual - Part 32A - Examination of Trade Marks for Plants (in Class 31)
Examination of trade mark applications filed in Class 31 in respect of plants and plant material involves consideration of additional requirements arising from the Plant Breeder’s Rights Act 1994 which protects the names of plant varieties and their...
Trade Mark Examiners Manual - Part 31 - Prescribed and Prohibited Signs
Part 31 of the Trade Mark Examiner's Manual deals with prohibited signs and prescribed signs. A prescribed sign includes:1. Signs containing the word “patent”2. Signs including the words “to counterfeit this is forgery”3. Arms etc of Commonwealth or...
Trade Mark Examiners Manual - Part 30 - Signs that are Scandalous and Use Contrary to Law
If you are attempting to register a trademark which may be considered to be scandalous or something to be used contrary to law, IP Australia may reject it. This is discussed in Part 30 of the Trade Mark Examiner's Manual. For example, if your logo i...
Trade Mark Examiners Manual - Part 29 - Section 43 - Trade Marks likley to Deceive or Cause Confusion
Section 43 of the Act reads as follows:An application for the registration of a trade mark in respect of particular goods or services must be rejected if, because of some connotation that the trade mark or a sign contained in the trade mark has, the...
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...
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