Part 2 General Filing Requirements

Part 3 Filing Requirements for a Trade Mark Application

Part 4 Fees

Part 5 Data Capture and Indexing

Glossary of Image Descriptors

4. Regulated signs

Part 6 Expedited Examination

Part 7 Withdrawal of Applications, Notices and Requests

Part 8 Amalgamation (Linking) of Trade Marks

Part 9 Amendments and Changes to Name and Address

Part 10 Details of Formality Requirements

Part 11 Convention Applications

Part 12 Divisional Applications

Part 13 Application to Register a Series of Trade Marks

Part 14 Classification of Goods and Services

Part 15 General Provision for Extensions of Time

Part 16 Time Limits for Acceptance of an Application for Registration

Part 17 Deferment of Acceptance

Part 18 Finalisation of Application for Registration

Part 19A Use of a Trade Mark

Part 19B Rights Given by Registration of a Trade Mark

Part 20 Definition of a Trade Mark and Presumption of Registrability

Part 21 Non-traditional Signs

Part 22 Section 41 - Capable of Distinguishing

Part 23 Overcoming Grounds for Rejection under Section 41 - including Evidence of Use

Part 24 Disclaimers

Part 26 Section 44 and Regulation 4.15A - Conflict with Other Signs

Part 27 Overcoming Grounds for Rejection under Section 44

Part 28 Honest Concurrent Use, Prior Use or Other Circumstances

Part 29 Section 43 - Trade Marks likely to Deceive or Cause Confusion

Part 30 Signs that are Scandalous and Use Contrary to Law

Part 31 Prescribed and Prohibited Signs

Part 32A Examination of Trade Marks for Plants (in Class 31)

Part 32B Examination of Trade Marks for Wines (in Class 33)

3. Protected Terms in Specifications of Goods

Part 33 Collective Trade Marks

Part 34 Defensive Trade Marks

Part 35 Certification Trade Marks

Part 38 Revocation of Acceptance

Part 39 Registration of a Trade Mark

Part 40 Renewal of Registration

Part 41 Cancellation of Registration

Part 42 Rectification of the Register

Part 43 Assignment and Transmission

Part 44 Claim of Interest or Rights in a Trade Mark

Part 45 Copies of Documents

Part 46 Grounds for Opposition to Registration or Protection

Part 47 Procedures for Opposing Registration or Protection

Part 48 Removal of a Trade Mark from the Register for Non-use

Part 49 Non-use Procedures

Part 51 General Opposition Proceedings

Part 52 Hearings, Decisions, Reasons and Appeals

Part 54 Subpoenas, Summonses and Production of Documents

Part 55 Costs

Part 60 The Madrid Protocol

Part 61 Availability of Documents

Part 62 Revocation of Registration

3. When registration or protection can be opposed

Date Published 16 Dec 2020

Registration or protection can be opposed at any time within two months from the day on which acceptance was advertised in the Official Journal (reg 5.6, 17A.33).

That period is extendible, either before or after it has elapsed (reg 5.9, 17A.34C), but not beyond the point of registration. This is because opposition can only be filed in relation to an application for registration or cessation of protection – registration or protection cannot be opposed after it has occurred. Revocation of registration or protection may be requested under section 84A or reg 17A.42A, but the Registrar is under no obligation to consider such a request.