3. Information that the Registrar of Trade Marks will Accept in Confidence

Date Published

3.1 For information to be considered confidential under the common law, it must:

  • be specifically identifiable
  • be inherently confidential i.e. known only to limited parties and not the general public
  • be of sufficient significance not to be ‘trivial tittle-tattle’
  • have been communicated and received on the basis of a mutual understanding of confidence


3.2 From 27 March 2007 the Registrar will accept in confidence all information, other than the information identified in Section 4, in the following documents:

  • documents that solely contain evidence of the use or proposed use of a trade mark;
  • declarations stating the reasons for a request for expedited examination under regulation 4.18;
  • documents stating the reasons for requesting an extension of time under subsection 224 (2) or (3) of the Trade Marks Act 1995 (TM Act), other than the application for an extension of time; and
  • documents filed in the course of opposition proceedings under the TM Act or Trade Marks Regulations 1995, other than notices of opposition.


3.3 The Registrar will not acknowledge claims that information is confidential.