Broadley Rees Hogan Trade Marks Presentation
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The document discusses registered trademarks, outlining what they are, why they should be registered, and how to register one in Australia. Registered trademarks provide exclusive rights to signs indicating the source of goods and services. They are registered through IP Australia and provide protection for 13 weeks as the application is examined. Applicants have the opportunity to respond to any objections before registration is granted or refused, with the entire process taking around 15 months. Objections can be overcome by arguing inherent adaptation of the mark, prior use, or obtaining consent from any prior users.
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Broadley Rees Hogan Trade Marks Presentation
- 1. Trade Marks: What, Why & How
- 2. What are registered trade marks? Sign indicating source of goods or services Distinguished from: Business and company names Domain names Common law trade marks
- 3. Exclusive rights throughout Australia without need to establish reputation Subject to prior unregistered TM Protection extended to intended uses Domain Name registration Customs notifications Personal property Why register trade marks?
- 4. How do you register an Australian Standard Trade Mark Searches Class selection and specification of uses Application lodged with IP Australia IP Australia acceptance or objections 13 weeks Applicant’s Responses
- 5. How do you register an Australian Standard Trade Mark IP Australia Acceptance/Refusal 15 months Registration/Opposition 2 months Acceptance Advertised Opposition Proceedings Renewal 10 years
- 6. How do you overcome objections? Inherent adaption No inherent adaptation but distinguished by use before filing Some but insufficient inherent adaptation but distinguished by use including intended use
- 7. How do you overcome objections? Prior user Honest concurrent use from before the priority date • Likelihood and instances of confusion • Honesty of use – explain how TM was chosen • Extent of use – duration, area and volume Prior continuous use – commencing before priority date Amendment/Consent/Non-use
- 8. Peter Bolam| Consultant P: +61 7 3223 9139 F: +61 7 3221 5518 E: peter.bolam@brhlawyers.com.au For further information, please contact: