60.4.23 Claim to Interest in, or Right in Respect of a Trade Mark

4.23.1  Relevant Legislation

Trade Marks Act 1995

Part 11 Voluntary recording of claims to interests in and rights in respect of trade marks

Section 215 Address for service

Section 216 Change of Name

Trade Mark Regulations

Regulation 21.3 Filing of documents - common requirements

17A - Division 10 Recording of claimed interests and rights

Trade Marks Office Manual of Practice and Procedure

Part 44 Claim of Interest or Rights in a Trade Mark

4.23.2  General Description

There is currently no provision in the Madrid Protocol for recording interests and licences.

However, it is possible, and allowable, for a request to record a claim to a right or interest to be filed on an IRDA or a protected international trade mark.  These will be recorded in the Record of International Registrations.

A claim to a right or interest does not indicate ownership.  Neither does it imply nor prove legal rights.  

In accordance with regulation 17A.61 of the Trade Mark Regulations an application to record a claim of interest or right in an IRDA or protected international trade mark, must be:

• accompanied by material supporting the person’s interest in, or a right in respect of, the trade mark; and

• made in the approved form, and

• filed with the Trade Marks Office.

For more information in relation to material supporting the person’s interest or right see Part 44 – Claim of Interest or Rights in a Trade Mark – 4. Recording the claim.

IP Australia must inform anyone who has a claim recorded, of any matter affecting the trade mark.

A claim of interest or right in an IRDA or protected international trade mark is recorded in the same way as for a national trade mark.