8 Endorsements where the provisions of subsection 44(3) or 44(4) and/or Reg 4.15A are applied

Date Published

When an application for registration is accepted on the basis of honest concurrent use (paragraph 44(3)(a) and/or reg 4.15A(3)(a)), other circumstances (paragraph 44(3)(b) and/or reg 4.15A(3)(b)) or prior use (subsection 44(4) and/or reg 4.15A(5)), an endorsement is entered on the system to indicate the provisions applied.  The appropriate form of endorsement is one of the following:

Provisions of paragraph 44(3)(a) and/or Reg 4.15A(3)(a) applied

Provisions of paragraph 44(3)(b) and/or Reg 4.15A(3)(b) applied

Provisions of subsection 44(4) and/or Reg 4.15A(5) applied

The Office as a courtesy, informs the proprietors of cited trade marks when acceptance of an application is made under the provisions of 44(3) and 44(4) and/or reg 4.15A. This does not apply in relation to holders of International Registrations Designating Australia (IRDAs).