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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...
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...
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