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Trade Mark Examiners Manual - Part 34 - Defensive Trade Marks
To qualify for a defensive trade mark registration, the trade mark had to be already registered as a distinctive trade mark. The trade mark had also to have been used to such an extent, on some or all of the goods for which it was registered, that th...
Trade Mark Examiners Manual - Part 33 - Collective Trade Marks
A collective trade mark is a sign used or intended to be used, in relation to goods or services dealt with or provided in the course of trade by members of an association to distinguish those goods or services from goods or services so deal...
Trade Mark Examiners Manual - Part 32B - Examination of Trade Marks for Wines (in Class 33)
Part 32B of the Trade Mark Examiners Manual focuses on trade mark applications for wines and grape products such as grappa, brandy, and fortified wines, which the Wine Australia Act goes some way to protecting. The examiner can reject an application...
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...
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