4. Recording the claim

Date Published

4.1

Application for recordal of a claim to an interest in, or right in respect of, a trade mark can be filed by the claimant without the owner of the trade mark, but the Registrar needs documentary proof to be satisfied of the claimed interest, such as:

  • A mortgage document setting out the nature of the interest,
  • A Licensing Agreement,
  • A Personal Properties Securities Verification Statement, or
  • Other (e.g. Court Order).

The proof of claimed interest document should show the full name and address of both parties, and should be signed and dated.

If no supporting documentation is provided the application to record a claim to interest must be from both the owner/agent and claimant and must be signed and dated by both the claimant/agent and owner.

The address for service of a claimed interest must be an Australian or New Zealand address.


4.2

If the application is not in order according to the criteria outlined above, the applicant(s) will be advised by means of a letter.  


4.3

The claimed interest details will only be entered on the Register for approval when the application is in order.


4.4

Once all criteria are met for recording a claimed interest the details are recorded and approved.  Approval will set a flag for standard notices to issue to both the owner of the trade mark, and the person who is claiming the right or interest in the trade mark. (There will be no advertisement in the Official Journal of the recordal of, or subsequent alteration to, any claimed interest).


4.5

As the record of a claim does not appear on the Certificate of Registration, there will be no need to amend the certificate.