10.2. Formality requirements - Identity

Date Published

It is important that the applicant's identity be established as this assists in questions of citation in the course of examination and in questions of ownership of the trade mark applied for. (See Annex 2 for a summary of matters dealing with the name and identity of applicants.)

2.1 Every person who files an application is required to supply details of their residential or business address and will be required to notify the Registrar of any change to that address (reg 21.3). The full name and address of an individual is taken to be a sufficient form of identification for that individual. Post Office boxes are acceptable as the address of an individual or company.

Where there are several owners an address should be provided for each unless it is established that all parties live or do business at the same address.

2.2 It is desirable that the Australian Company Number (ACN), Australian Business Number (ABN) or Australian Registered Body Number (ARBN) be included on the application. These details can be important in differentiating between companies when assessing citations and in dealing with applications to change the name of the owner where it is not clear whether or not the change of name is actually an assignment of the trade mark. Although quoting the ACN or ARBN in an application for registration is to be encouraged, it is not a requirement of the Trade Marks Act 1995.

2.3 It is desirable that overseas companies supply details of their incorporation as this often assists in differentiating companies in matters of citation and assignment thereby facilitating examination of applications. This is not a requirement of the Act, however, and where it is not provided no further action is necessary.

Amended Reasons

Amended Reason Date Amended

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