- Home
- Part 1 Introduction, Quality
- Part 1. Introduction
- Part 1.2. Quality Management and Examination Quality Standards
- Part 1.3. Practice Change Procedure
- Part 2 General Filing Requirements
- Part 2. Landing Page
- Part 2.1. How a document is filed
- Part 2.2. Filing of Documents - requirements as to form
- Part 2.3. Non-compliance with filing requirements
- Part 2.4. Filing Process (excluding filing of applications for registration)
- Part 3 Filing Requirements for a Trade Mark Application
- Part 3. Relevant Legislation
- Part 3.1. Who may apply?
- Part 3.2. Form of the application
- Part 3.3. Information required in the application
- Part 3.4. When is an application taken to have been filed?
- Part 3.5. The minimum filing requirements
- Part 3.6. Consequences of non compliance with minimum filing requirements
- Part 3.7. Other filing requirements
- Part 3.8. Fees
- Part 3.9. Process procedures for non payment or underpayment of the appropriate fee
- Part 3.10. Process procedures for the filing of a trade mark application
- Part 4 Fees
- Relevant Legislation
- 1. Fees - general
- 2. Circumstances in which fees are refunded or waived
- 3. Procedures for dealing with "fee" correspondence
- 4. Underpayments
- 5. Refunds and or waivers
- 6. No fee paid
- 7. Electronic transfers
- 8. Disputed credit card payments/Dishonoured cheques
- Part 5 Data Capture and Indexing
- Part 6 Expedited Examination
- Part 7 Withdrawal of Applications, Notices and Requests
- Relevant Legislation
- 1. Withdrawal of an application, notice or request
- 2. Who can withdraw an application, notice or request?
- 3. Procedure for withdrawal of an application, notice or request
- 4. Procedure for withdrawal of an application to register a trade mark
- Part 8 Amalgamation (Linking) of Trade Marks
- Relevant Legislation
- 1. Amalgamation of applications for Registration (Transitional)
- 2. Amalgamation (Linking) of Trade Marks under the Trade Marks Amendment Act 2006
- Part 9 Amendments and Changes to Name and Address
- Part 9. Landing Page
- Part 9. 1. Introduction
- Part 9. 2. Amendment of an application for a registration of a trade mark - general information
- Part 9. 3. Amendment before particulars of an application are published (Section 64)
- Part 9. 4. Amendment after particulars of an application have been published (Sections 63, 65 and 65A)
- Part 9. 5. Amendments to other documents
- Part 9. 6. Amendments after registration
- Part 9. 7. Changes of name, address and address for service
- Part 9. 8. Process for amendments under subsection 63(1)
- Part 10 Details of Formality Requirements
- Relevant Legislation
- Introduction
- 1. Formality requirements - Name
- 2. Formality requirements - Identity
- 3. Representation of the Trade Mark - General
- 4. Translation/transliteration of Non-English words and non-Roman characters
- 5. Specification of goods and/or services
- 6. Address for service
- 7. Signature
- 8. Complying with formality requirements
- Annex A1 - Abbreviations of types of companies recognised as bodies corporate
- Annex A2 - Identity of the applicant
- Part 11 Convention Applications
- Part 11. Landing Page
- Part 11.1. Applications in Australia (convention applications) where the applicant claims a right of priority
- Part 11.2. Making a claim for priority
- Part 11.3. Examination of applications claiming convention priority
- Part 11.4. Convention documents
- Part 11.5. Cases where multiple priority dates apply
- Part 11.6. Recording the claim
- Part 11.7. Effect on registration of a claim for priority based on an earlier application
- Part 12 Divisional Applications
- Relevant Legislation
- 1. Divisional applications - general
- 2. Why file a divisional application?
- 3. Conditions for a valid divisional application filed on or after 27 March 2007
- 4. In whose name may a divisional application be filed?
- 5. Convention claims and divisional applications
- 6. Can a divisional application be based on a parent application which is itself a divisional application? What is the filing date in this situation?
- 7. Can the divisional details be deleted from a valid divisional application?
- 8. Divisional applications and late citations - additional fifteen months
- 9. Divisional Applications and the Intellectual Property Laws Amendment (Raising the Bar) Act 2012
- Annex A1 Divisional Checklist
- Part 13 Application to Register a Series of Trade Marks
- Relevant Legislation
- 1. Series of Trade Marks - Act
- 2. Material Particulars
- 3. Provisions of Paragraphs 51(1)(a),(b) and (c)
- 4. Applying Requirements for Material Particulars and Provisions of Paragraphs 51(1)(a), (b) and (c)
- 5. Restrict to Accord
- 6. Examples of Valid Series Trade Marks
- 7. Examples of Invalid Series Trade Marks
- 8. Divisional Applications from Series
- 9. Linking of Series Applications
- 10. Colour Endorsements
- Part 14 Classification of Goods and Services
- Relevant Legislation
- 1. The purpose of classification
- 2. The classification system
- 3. Requirement for a clear specification and for correct classification
- 4. Classification procedures in examination
- 5. Principles of classification and finding the correct class for specific items
- 6. Wording of the specification
- 7. Interpretation of specifications
- 8. International Convention Documents
- Annex A1 - History of the classification system
- Annex A2 - Principles of classification
- Annex A3 - Registered words which are not acceptable in specifications of goods and services
- Annex A4 - Searching the NICE classification
- Annex A5 - Using the Trade Marks Classification Search
- Annex A6 - Cross search classes - pre-June 2000
- Annex A7 - Cross search classes - June 2000 to December 2001
- Annex A8 - Cross search classes from 1 January 2002
- Annex A9 - Cross search classes from November 2005
- Annex A10 - Cross search classes from March 2007
- Annex A11 - Cross search classes from January 2012
- Annex A12 - Cross search classes from January 2015
- Annex A13 - List of terms too broad for classification
- Part 15 General Provision for Extensions of Time
- Relevant Legislation
- 1. When the general provision applies
- 2. When the general provision does not apply
- 3. Circumstances in which the Registrar must extend time
- 4. Grounds on which the Registrar may grant an extension of time
- 5. Form of the application
- 6. Extensions of time of more than three months
- 7. Review of the Registrar's decision
- Part 16 Time Limits for Acceptance of an Application for Registration
- Part 16. Landing Page
- Part 16.1. What are the time limits for acceptance of an application to register a trade mark?
- Part 16.2. Response to an examination report received within four (or less) weeks of lapsing date
- Part 17 Deferment of Acceptance
- Relevant Legislation
- 1. Deferment of Acceptance - introduction
- 2. Circumstances under which deferments will be granted
- 3. Period of deferment
- 4. The deferment process where the applicant has requested deferment
- 5. The deferment process where the Registrar may grant deferment on his or her own initiative
- 6. Termination of deferment
- 7. Transitional practice
- Annex A1 - Deferment of acceptance date - Grounds and time limits
- Part 18 Finalisation of Application for Registration
- Part 18. Landing Page
- Part 18.1. Introduction
- Part 18.2. Accepting an application for registration
- Part 18.3. Rejection of an application for registration
- Part 19A Use of a Trade Mark
- Relevant Legislation
- 1. Use of a trade mark generally
- 2. Use 'as a trade mark'
- 3. Use 'in the course of trade'
- 4. Australian Use
- 5. Use 'in relation to goods or services'
- 6. Use by the trade mark owner, predecessor in title or an authorised user
- 7. Use of a trade mark with additions or alterations
- 8. Use of multiple trade marks
- Part 19B Rights Given by Registration of a Trade Mark
- Relevant Legislation
- 1. The trade mark as property
- 2. What rights are given by trade mark registration?
- 3. Rights of an authorised user of a registered trade mark
- 4. The right to take infringement action
- 5. Loss of exclusive rights
- Part 20 Definition of a Trade Mark and Presumption of Registrability
- Relevant Legislation
- 1. Definition of a trade mark
- 2. Background to definition of a trade mark
- 3. Definition of sign
- 4. Presumption of registrability
- 5. Grounds for rejection and the presumption of registrability
- Part 21 Non-traditional Signs
- Relevant Legislation
- 1. Non-traditional signs
- 2. Representing non-traditional signs
- 3. Shape (three-dimensional) trade marks
- 4. Colour and coloured trade marks
- 5. "Sensory" trade marks - sounds and scents
- 6. Sound (auditory) trade marks
- 7. Scent trade marks
- 8. Composite trade marks - combinations of shapes, colours, words etc
- 9. Moving images, holograms and gestures
- 10. Other kinds of non-traditional signs
- Part 22 Section 41 - Capable of Distinguishing
- Relevant Legislation
- 1. Registrability under section 41 of the Trade Marks Act 1995
- 2. Presumption of registrability
- 3. Inherent adaptation to distinguish
- 4. Trade marks considered sufficiently inherently capable of distinguishing
- 5. Trade marks that have limited inherent capacity to distinguish but are not prima facie capable of distinguishing
- 6. Trade marks having no inherent adaptation to distinguish
- 7. Examination
- Registrability of Various Kinds of Signs
- 8. Letters
- 9. Words
- 10. Phonetic equivalents, misspellings and combinations of known words
- 11. Words in Languages other than English
- 12. Slogans, phrases and multiple words
- 13. Common formats for trade marks
- 14. New terminology and "fashionable" words
- 15. Geographical names
- 16. Surnames
- 17. Name of a person
- 18. Summary of examination practice in relation to names
- 19. Corporate names
- 20. Titles of well known books, novels, stories, plays, films, stage shows, songs and musical works
- 21. Titles of other books or media
- 22. Numerals
- 23. Combinations of letters and numerals
- 24. Trade marks for pharmaceutical or veterinary substances
- 25. Devices
- 26. Composite trade marks
- 27. Trade marks that include plant varietal name
- Annex A1 Section 41 prior to Raising the Bar
- Annex A2 Flowchart of "Capable of Distinguishing"
- Part 23 Overcoming Grounds for Rejection under Section 41 - including Evidence of Use
- Part 23. Landing Page
- Part 23.1. Introduction
- Part 23.2 Submissions in rebuttal, amendments and informal information
- Part 23.3 Evidence of use - general requirements
- Part 23.4 Examining evidence - general
- Part 23.5 Specific evidence requirements for trade marks with no inherent adaptation to distinguish
- Part 23.6 Endorsements for applications overcoming section 41 grounds for rejection
- Part 23. Annex A1 - Information for applicants on the preparation and presentation of a declaration including model layout
- Part 23. Annex A2 - Model layout for statutory declaration/affidavit
- Part 23. Annex A3 - Model layout for supporting statutory declaration
- Annex A4 - How to supply evidence of use of a Trade Mark under subsection 41(5) - for trade marks with a filing date prior to 15 April 2013
- Annex A5 - How to supply evidence for use of a Trade Mark under subsection 41(6) - for trade marks with a filing date prior to 15 April 2013
- Annex A6 - How to supply evidence of use of a trade mark under subsection 41(4) - for trade marks with a filing date on or after 15 April 2013
- Annex A7 - How to supply evidence of use of a trade mark under subsection 41(3) - for trade marks with a filing date on or after 15 April 2013
- Part 24 Disclaimers
- Part 24. Landing Page
- Part 24.1. What is a disclaimer?
- Part 24.2. Request for a voluntary disclaimer
- Part 24.3. Effect of a disclaimer on registration
- Part 24.4. Effect of a disclaimer on examination
- Part 24.5. Amendment of disclaimers
- Part 24.6. Revocation of disclaimers
- Part 26 Section 44 and Regulation 4.15A - Conflict with Other Signs
- Relevant Legislation
- 1. Introduction to section 44 and regulation 4.15A
- 2. Presumption of registrability and the application of section 44
- 3. Cross Class Search List
- 4. Similarity of goods and services
- 5. Similarity of trade marks
- 6. Factors to consider when comparing trade marks
- 7. Trade marks with the same priority/filing date
- 8. Assignment of applications and registrations
- 9. Grounds for rejection when the citation is in its renewal period
- Annex A1 - Citing multiple names
- Part 27 Overcoming Grounds for Rejection under Section 44
- Relevant Legislation
- 1. Introduction
- 3. Amending the goods and/or services of the applicant's specification
- 4. Negotiation with owner/s of conflicting trade mark/s
- 5. Filing evidence of honest concurrent use, prior use or other circumstances
- 6. Removal of the conflicting trade mark
- 7. Dividing the application
- Annex A1 - An example of a letter of consent
- 2. Legal submissions
- Part 28 Honest Concurrent Use, Prior Use or Other Circumstances
- Relevant Legislation
- 1. Introduction
- 2. Honest concurrent use - paragraph 44(3)(a)
- 3. Examining evidence of honest concurrent use - the five criteria
- 4. Other circumstances - paragraph 44(3)(b)
- 5. Conditions and limitations to applications proceeding under subsection 44(3)
- 6. Prior use - subsection 44(4)
- 7. Examining evidence of prior use
- 8. Endorsements where the provisions of subsection 44(3) or 44(4) and/or reg 4.15A are applied
- Annex A1 - Information sheet for trade mark applicants - Evidence of honest and concurrent, prior use or other circumstances
- Part 29 Section 43 - Trade Marks likely to Deceive or Cause Confusion
- Relevant Legislation
- 1. Trade marks likely to deceive or cause confusion
- 2. Connotation
- 3. Deception and confusion as a result of a connotation within a trade mark
- 4. Descriptions of goods/services
- 5. International Non-Proprietary Names and INN Stems
- 6. Names of Persons
- 7. Phonewords and Phone Numbers
- 8. Internet Domain Names
- 9. Geographical References
- 10. Claims to Indigenous Origin
- Annex A1 - Table of INN stems
- Part 30 Signs that are Scandalous and Use Contrary to Law
- Relevant Legislation
- 1. Introduction
- 2. Scandalous signs
- 3. Use contrary to law
- Annex A1 - Examples of Legislation which may trigger the provisions of section 42(b)
- Annex A2 - Official notice re copyright in the Aboriginal Flag
- Annex A3 - Defence force prohibited terms and emblems
- Annex A4 - Major Sporting Events protected words
- Part 31 Prescribed and Prohibited Signs
- Relevant Legislation
- 1. Prohibited signs - subsection 39(1)
- 2. Prescribed signs - subsection 39(2)
- 3. When does a ground for rejection exist under subsection 39(2)?
- 4. Practice regarding the signs prescribed under subsection 39(2) appearing in subreg 4.15
- 5. Other information relevant to examining trade marks that contain a prohibited and prescribed sign
- Part 32A Examination of Trade Marks for Plants (in Class 31)
- Relevant Legislation
- 1. Introduction
- 2. Examination of Plant Trade Marks
- 2.1 Section 42: Contrary to Law
- 2.2 Section 39: Prescribed Signs
- 2.3 Section 41: Capacity to Distinguish
- 2.4 Section 43: Deception and Confusion
- 2.5 Section 44: Comparison of Trade Marks
- 2.6 Non-Roman characters (NRC) and transliterations in class 31 plant examination
- Annex 1 - Applicable Section of the PBR Act
- Annex 2 - Applicable Sections of the UPOV Convention
- Annex 3 - Applicable Sections of the ICNCP
- Annex 4 - An Example of a PBR Letter of Consent
- Annex 5 - Case Law Summaries
- Annex 6 - How to Supply Evidence of Use of a Trade Mark for Plants and/or Plant Material
- Part 32B Examination of Trade Marks for Wines (in Class 33)
- Part 32B: Landing Page
- Part 32B.1. Introduction
- Part 32B.2. Examination of Wine Trade Marks
- Part 32B.2.1 Section 42: Contrary to Law
- Part 32B.2.2 Section 43: Deception and Confusion
- Part 32B.2.3 Section 41: Capacity to Distinguish
- Part 32B.2.4 Section 44: Comparison of Trade Marks
- Part 32B.3. Protected Terms in Specifications of Goods
- Part 33 Collective Trade Marks
- Part 33. Landing Page
- Part 33.1. What is a collective trademark?
- Part 33.2. Application of Act
- Part 33.3. Application for registration
- Part 33.4. Limitation on rights given by registered collective trade marks
- Part 33.5. Assignment or transmission of collective trade marks
- Part 33.6. Infringement of collective trade marks
- Part 34 Defensive Trade Marks
- Relevant Legislation
- 1. Australian trade marks law and defensive trade marks
- 2. Requirements for the filing of a defensive trade mark
- 3. Section of the Act NOT applying to defensive trade marks
- 4. Registrability of defensive trade marks
- 5. Grounds for rejection under Division 2 of Part 4 of the Act
- 6. Grounds for rejecting a defensive application under section 187
- 7. Evidence required for defensive applications
- 8. Rights given by defensive registration
- 9. Grounds for opposing a defensive registration
- 10. Cancellation of defensive trade marks
- Part 35 Certification Trade Marks
- Relevant Legislation
- 1. What is a certification trade mark?
- 2. Certification trade marks and geographical indications (GIs)
- 3. Sections of the Act NOT applying to certification trade marks
- 4. The registrability of certification trade marks
- 5. Rights given by, and rules governing the use of, certification trade marks
- 6. Assessment by the Australian Competition and Consumer Commission (ACCC)
- 7. Opposition to the registration of a certification trade mark
- 8. Variation of rules
- 9. Assignment of registered certification trade marks
- 10. Assignment of unregistered certification trade marks
- 11. Transmission of certification trade marks
- 12. Rectification of the Register and variation of rules by order of the court
- Annex A1 - Certification Trade Marks flow chart
- Part 38 Revocation of Acceptance
- Relevant Legislation
- 1. What is revocation of acceptance?
- 2. Reasons for revocation
- 3. Revocation process
- Part 39 Registration of a Trade Mark
- Relevant Legislation
- 1. Overview of registration
- 2. Particulars of registration
- 3. Format of Certificate of registration
- 4. Timing
- 5. Date and term of registration
- 6. Registration fees
- 7. Registration process
- 8. Notification of Protection process for International Registrations Designating Australia
- Annex A1 - Certificate of Registration
- Part 40 Renewal of Registration
- Part 40. Landing Page
- Part 40.1. What is renewal?
- Part 40.2. Timing for renewal
- Part 40.3. Late renewal
- Part 40.4. Failure to renew
- Part 41 Cancellation of Registration
- Part 41. Landing Page
- Part 41.1. What is the effect of cancelling a registration?
- Part 41.2. Why is a registration cancelled?
- Part 41.3. Cancellation process
- Part 42 Rectification of the Register
- Relevant Legislation
- 1. What is rectification?
- 2. What part does the Registrar play in rectification actions brought by a person aggrieved?
- 3. Rectification procedures
- Annex A1 - Flow chart of rectification procedure
- Part 43 Assignment and Transmission
- Relevant Legislation
- 1. What is assignment and transmission?
- 2. Timing for assignment
- 3. Application to record assignment etc
- 4. Process for assigning all goods and/or services (full assignment)
- 5. Process for assigning only some goods and/or services (partial assignment)
- 6. Process for assignment of certification trade marks
- 7. Transmission of certification trade marks
- Part 44 Claim of Interest or Rights in a Trade Mark
- Part 44. Landing Page
- Part 44.1. Background
- Part 44.2. Effect of recording the claim
- Part 44.3. When can the interest be recorded?
- Part 44.4. Recording the claim
- Part 44.5. Amending the record of a claim
- Part 44.6. Cancelling the record of a claim
- Part 45 Copies of Documents
- Part 45. Landing Page
- Part 45.1. Documents copied by the Office
- Part 45.2. Types of document copies and delivery dispatch
- Annex A1 - Flow chart of production of copies/certified copies
- Part 46 Grounds for Opposition to Registration or Protection
- Relevant Legislation
- References used in this part
- 1. What is opposition to registration or protection?
- 2. The Registrar’s role in an opposition
- 3. When registration or protection can be opposed
- 4. Grounds for opposition to registration of national trade marks
- 5. Grounds for opposition to protection of international trade marks
- Part 47 Procedures for Opposing Registration or Protection
- Relevant Legislation
- 1. Filing a notice of opposition
- 2. Request to amend a notice of intention to oppose or a statement of grounds and particulars
- 3. Filing a notice of intention to defend
- 4. Opposition may proceed in the name of another person
- 5. Making Convention documents available to opponent
- Part 48 Removal of a Trade Mark from the Register for Non-use
- Relevant legislation
- References used in this part
- 1. What if a trade mark is not used?
- 2. Application for removal/cessation of protection for non-use
- 3. Opposition to a non-use application
- 4. Application for extension of time to oppose the non-use application where the trade mark is already removed
- 5. Grounds on which a non-use application may be made
- 6. Burden on opponent to establish use of a trade mark
- 7. Authorised use by another person
- 8. Use by an assignee
- 9. Localised use of trade mark
- 10. Circumstances that were an obstacle to the use of a trade mark
- 11. Where there is no evidence in support of the opposition
- 12. Registrar's discretion in deciding an opposed non-use application
- 13. Registrar to comply with order of court
- 14. Right of appeal
- 15. Certificate - Use of a trade mark
- Part 49 Non-use Procedures
- Relevant legislation
- 1. Application for removal or cessation of protection of a trade mark for non-use
- 2. Opposition to non-use application
- 3. Amendment to notice of intention to oppose or statement of grounds and particulars
- 4. Notice of intention to defend
- 5. Opposition may proceed in the name of another person
- 6. Opposition proceedings
- Part 51 General Opposition Proceedings
- Relevant Legislation
- 1. Evidence
- 2. Extension of the period for filing evidence
- 3. Cooling-Off Period
- 4. Suspensions
- 5. Hearing of the opposition
- 6. Dismissal or discontinuance of proceedings
- 7. Award of costs
- 8. Rights of appeal
- 9. Period in which a trade mark can be registered/protected
- 10. Guidelines for Revocation of Acceptance of Opposed trade marks
- 11. Unilateral Communications with Hearing Officers
- Part 52 Hearings, Decisions, Reasons and Appeals
- Relevant Legislation
- References used in this Part
- 1. What is a decision?
- 2. What is a hearing?
- 3. Is a hearing always necessary?
- 4. Role and powers of the Registrar in hearings
- 5. Rights of appeal from decisions of the Registrar
- 6. Appeals from decisions of the Federal Court etc.
- 7. Implementation of decisions
- 8. Service of documents on the Registrar
- Part 54 Subpoenas, Summonses and Production of Documents
- Relevant Legislation
- 1. Subpoenas
- 2. Summonsing a witness
- 3. Production of documents
- Annex A1 - Consequences of mishandling a subpoena
- Annex A2 - Format of a summons to witness
- Annex A3 - Format of notice requiring production
- Part 55 Costs
- Relevant Legislation
- 1. Legislative Basis
- 2. Award of costs
- 3. Applications for an award of costs
- 4. Determination of the amount of costs
- 5. Full costs where certificate of use of a trade mark provided to removal applicant
- 6. Costs recovery
- 7. Security for costs
- Annex A1 - Taxing of costs in "multiple" oppositions relying on same evidence
- Part 60 The Madrid Protocol
- Relevant Legislation
- Glossary
- 1. Introduction
- 2. International Applications
- 2.1 General Description
- 2.2 International Application Form
- 2.3 Data Entry
- 2.4 Certifying Process
- 2.5 Fees for International Applications
- 2.6 Renewal
- 3. The Basic Application or Basic Registration (Basic Trade Mark)
- 4. International Registrations that have Designated Australia
- 4.1 General Description
- 4.2 Record of International Registrations
- 4.3 Filing/Data Capture/Allocation of Australian Trade Mark Number
- 4.4 Indexing
- 4.5 Expedite
- 4.6 Classification of Goods and Services
- 4.7 Examination of an IRDA
- 4.8 Reporting on an IRDA
- 4.9 Provisional Refusal
- 4.10 Amendments
- 4.11 Deferment of Acceptance
- 4.12 Extension of Time
- 4.13 Final Decision on Provisional Refusal Based on Examination
- 4.14 Acceptance
- 4.15 Revocation of Acceptance
- 4.16 Extension of Time to File Notice of Opposition to Protection
- 4.17 Opposition to Protection
- 4.18 Protection
- 4.19 Cessation or Limitation of Protection
- 4.20 Cessation of Protection because of Non-Use
- 4.21 Opposition to Cessation of Protection because of Non-Use
- 4.22 Renewal
- 4.23 Claim to Interest in, or Right in Respect of a Trade Mark
- 4.24 Change in Ownership of an International Registration
- 4.25 Transformation
- 4.26 Replacement
- 4.27 Customs
- Part 61 Availability of Documents
- Relevant Legislation
- 1. Availability of Documents
- 2. Accessing Documents
- 3. Documents to be made Available for Public Inspection (API)
- 4. Information that the Registrar of Trade Marks will Not Accept in Confidence
- 5. Confidential Information in Correspondence
- 6. Policy in relation to TM Headstart
- Part 62 Revocation of Registration
- Relevant Legislation
- 1. What is revocation of registration?
- 2. Prerequisites to revocation of registration
- 3. Factors to be taken into account before deciding whether revocation of registration is reasonable
- 4. Circumstances under which registration may be revoked
- 5. Mandatory revocation
- 6. Right of appeal: revocation of registration
- 7. Extension of time
- 8. Amendment or cessation of protection by Registrar of Protected International Trade Marks (PITMs)
- 9. Registrar must notify Customs if protection of a PITM is revoked
- 10. Right of appeal: cessation of protection
B
Date Published
Note: The trade marks contained within this document are for educational purposes only. Unauthorised use of a similar or identical trade mark to the trade mark(s) of another party could result in legal action.
Device Constituent | Example of a trade mark currently published on the Trade Marks Database |
BabyBaby+ |
|
Baby-carrier |
|
Bacchus |
|
BadgeBadge+(see also SHIELD) | Trade Mark no 995230  |
Badger |
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BagBag+ |
|
Bagpipes |
|
Bald |
|
Bale |
|
BallBall+ |
|
Ball,baseballBall,baseball+ | Trade Mark no 554984  |
Ball,basketball |
|
Ball,billiardBall,billiard+ |
|
Ball,bowlingBall,bowling+ |
|
Ball,cannon+ |
|
Ball,cricketBall,cricket+ |
|
Ball,footballBall,football+ | Trade Mark no 753018  |
Ball,golfBall,golf+ |
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Ball,hockey |
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Ball,mirror |
|
Ball,soccerBall,soccer+ | Trade Mark no 940166  |
Ball,softballBall,softball+ |
|
Ball,squash |
|
Ball,tennisBall,tennis+ |
|
Ball-bearingBall-bearing+ |
|
Ballet |
|
BalloonBalloon+ |
|
Balloon,hot-airBalloon,hot-air+ | Trade Mark no 737116  |
Balloon,quotation |  |
Bamboo |
|
BananaBanana+ |
|
Bananas, bunch |
|
BandageBandage+ |
|
Bandage,adhesive | Trade Mark no 629952  ​​​​​​​​​​​​​​
|
BanditBandit+(see also CONVICT; BURGLAR; GANGSTER) | Trade Mark no 758806  |
Bandolier |
|
BanjoBanjo+ |
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Banjoist |
|
BanknoteBanknote+ |
|
Banksia |
|
BarBar+(chocolate or metal) | Trade Mark no 803290  |
Barbecue |
|
Barbed-wire |
|
Barber-poleBarber-pole+ |
|
Barcode |
|
Barometer |
|
BarrelBarrel+ |
|
Barrow | Trade Mark no. 582643  |
Baseball-bat |
|
BaseballerBaseballer+ |
|
Basin |
|
BasketBasket+ |
|
BasketballerBasketballer+ |
|
BatBat+(animal, not sporting equipment) | Trade Mark no 232355  |
Bath |
|
Bathroom |
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BatonBaton+ |
|
BattBatt+ | Trade Mark no. 336034  |
Battery |
|
Battle |
|
Battlement+ |
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Beach(see also SCENE,SEA; SCENE,TROPICAL) | Trade Mark no 847609  |
BeadBead+ |
|
BeakBeak+ |
|
BeakerBeaker+ |
|
BeanBean+(see also COFFEE-BEAN; JELLY for jellybeans; also kidney and green beans) | Trade Mark no 987400  |
BearBear+ |
|
Bear,pandaBear,panda+ |
|
Bear,polarBear,polar+ |
|
Bear,teddyBear,teddy+ | Trade Mark no 1071561  |
Bearded |
|
BeaverBeaver+ |
|
Bed |
|
BeeBee+ |
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Beechnut |
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Beefeater(see also SOLDIER; GUARDSMAN; GUARD) | Trade Mark no 918502 
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BeehiveBeehive+ |
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Beer |
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BeetleBeetle+ |
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Beige |
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BellBell+ | Trade Mark no 661400  |
Bellows |
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BeltBelt+ |
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Belt-drive |
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Bench |
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BerryBerry+ |
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Beta(see CHARACTER,GREEK) |  |
Big-ben(see also CLOCK and TOWER) |
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BikeBike+ | Trade Mark no 708539  |
Bike,motorBike,motor+ | Trade Mark no. 767885  |
Bike,penny-farthingBike,penny-farthing+ | Trade Mark no 352570  |
Bike,tandem | Trade Mark no 857603  |
Bike,triBike,tri+ |
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Bikini(see also SWIMMING COSTUME) |
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Bilby |  |
Billiard-cue |
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Billiard-player |
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Billiard-table |
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Billy |
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BinBin+ |
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Binoculars |
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BirdBird+ |
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Bird,avocet |
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Bird,brolga |
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Bird,budgerigarBird,budgerigar+ | Trade Mark no 621441  |
Bird,cassowary |
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Bird,chickBird,chick+ |
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Bird,chickenBird,chicken+ |
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Bird,cockatooBird,cockatoo+ | Trade Mark no 668112  |
Bird,cormorant |
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Bird,craneBird,crane+ |
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Bird,curlew |
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Bird,doveBird,dove+ |
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Bird,duckBird,duck+ |
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Bird,ducklingBird,duckling+ |
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Bird,eagleBird,eagle+ | Trade Mark no 381787  |
Bird,emuBird,emu+ | Trade Mark no 556802  |
Bird,flamingoBird,flamingo+ |
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Bird,gooseBird,goose+ |
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Bird,gullBird,gull+ |
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Bird,heronBird,heron+ |
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Bird,hummingbirdBird,hummingbird+ |
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Bird,ibis |
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Bird,kingfisher |
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Bird,kiwiBird,kiwi+ |
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Bird,kookaburraBird,kookaburra+ | Trade Mark no 299137  |
Bird,lyrebirdBird,lyrebird+ |
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Bird,magpie |
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Bird,ostrich |
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Bird,owlBird,owl+ |
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Bird,paradiseBird,paradise+ |
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Bird,parrotBird,parrot+ | Trade Mark no 306057  |
Bird,peacockBird,peacock+ |
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Bird,pelicanBird,pelican+ |
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Bird,penguinBird,penguin+ |
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Bird,pheasantBird,pheasant+ |
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Bird,phoenixBird,phoenix+ | Trade Mark no 501025  |
Bird,preyBird,prey+(for hawks, falcons and condors. See also BIRD,EAGLE) | Trade Mark no 965228  |
Bird,puffin |
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Bird,roadrunner | Trade Mark no 312186  |
Bird,roosterBird,rooster+ |
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Bird,spoonbill |
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Bird,storkBird,stork+ |
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Bird,swallowBird,swallow+ |
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Bird,swanBird,swan+ |
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Bird,toucan |
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Bird,turkey |
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Bird,vultureBird,vulture+ | Trade Mark no 728446  |
Bird,wadingBird,wading+ |
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Bird,wildfowlBird,wildfowl+ |
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Bird,woodpecker |
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Birdhouse |
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BiscuitBiscuit+ |
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Bishop |
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Bit(see also DRILL; TOOL) | Trade Mark no 640013  |
BiteBite+ | Trade Mark no 924280  |
Black |
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Blackberry+ |
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Blackboard |
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Blacksmith | Trade Mark no 321664
 |
BladeBlade+(see also KNIFE; DAGGER; TOOTHED; SERRATED) |
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Blanket |
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Blind |
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Blind,venetian | Trade Mark no 811084
 |
BlockBlock+(see also CUBE; BOX) |
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BloomBloom+(see also FLOWER; BLOSSOM) | Trade Mark no 587419
 |
BlossomBlossom+(see also BLOOM; FLOWER) |
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BlotBlot+(see also SPLASH; DROP) | Trade Mark no 848808
 |
Blue |
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BluebellBluebell+ |
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BoardBoard+ |
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Boardgame |
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Boat,ark | Trade Mark no 858846
 |
Boat,gondolaBoat,gondola+ |
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Boat,junkBoat,junk+ |
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Boat,motor |
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Boat,paddleBoat,paddle+ |
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Boat,raft |
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Boat,row |
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Boat,sailBoat,sail+(see also SHIP,SAILING; SPINNAKER; SAIL) | Trade Mark no 1123830
 |
Boat,trawlerBoat,trawler+ |
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Boat,tug |
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Boat-hullBoat-hull+ |
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Boat-keel |
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BobbinBobbin+(see also REEL; SPOOL) | Trade Mark no 768253
 |
Boiler |
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Bolt |
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Bomb |
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BonbonBonbon+(see also CONFECTIONERY) | Trade Mark no 379435
 |
BoneBone+(see also SKELETON; SKULL; RIB+) | Trade Mark no 892682
 |
BookBook+ |
|
Book,openBook,open+ |
|
Bookmark |
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BoomerangBoomerang+ |
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BootBoot+ |
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Bootee+ |
|
BorderBorder+ | Trade Mark no 746299
 |
Boronia |
|
BottleBottle+(see also FLASK; CYLINDER; DECANTER | Trade Mark no 769634
 |
Bottle,perfume |
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Bottlebrush |
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Bottle-opener |
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Bottle-top |
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Bougainvillea |
|
BouquetBouquet+ |
|
BowBow+(see also BOWTIE) | Trade Mark no 454005
 |
Bow,weapon(includes crossbow) | Trade Mark no 391398
 |
BowlBowl+ |
|
BowlerBowler+ |
|
BowtieBowtie+(see also BOW) | Trade Mark no 426533
 |
BoxBox+(see also CUBE; BLOCK; CARTON) |
|
BoxerBoxer+ |
|
Boxing |
|
BoyBoy+(see also CHILD) | Trade Mark no 962321
 |
Bra |
|
BraceletBracelet+ |
|
Braces |
|
BracketBracket+ |
|
Brain | Trade Mark no 901519
 |
Brake |
|
BranchBranch+ |
|
Brazier | Trade Mark no 265491
 |
Bread |
|
Breadroll(see also ROLL; BUN) |
|
Breast+ |
|
BrickBrick+ |
|
Bride(see also WEDDING) |
|
Bridegroom(see also WEDDING) |
|
Bridge |
|
Bridge,harbour | Trade Mark no 740285
 |
Bridle |
|
Briefcase |
|
Briefs |
|
Broken |
|
BroomBroom+ |
|
Brown |
|
BrushBrush+(see also NAILBRUSH; PAINTBRUSH) | Trade Mark no 726088
 |
Brush,artistsBrush,artists+(see also PAINTBRUSH) | Trade Mark no 821370
 |
BrushstrokeBrushstroke+ |
|
BubbleBubble+ |
|
BucketBucket+ |
|
Bucking |
|
Buckle(see also CLASP) | Trade Mark no 742403
 |
BudBud+ |
|
Buddha |
|
BuffaloBuffalo+ |
|
BugleBugle+ | Trade Mark no 717009
|
Bugler |
|
BuildingBuilding+ |
|
Building-site |
|
BulbBulb+ | Trade Mark no 709841
 |
Bulb,electricBulb,electric+ | Trade Mark no 723131
 |
BullBull+(see also COW; CALF) |
|
BulldozerBulldozer+ |
|
BulletBullet+ |
|
Bullfighter |
|
Bullrush+(see also REED+) |
|
BunBun+(hair and bakery product; see also ROLL; BREADROLL; HAMBURGER) | Trade Mark no 720955 (hair)
 |
BunchBunch+ |
|
Bundle |
|
Bunsen |
|
Buoy |
|
BurglarBurglar+(see also CONVICT; GANGSTER; BANDIT) | Trade Mark no 841610
 |
Burner |
|
Bus |
|
Bust |
|
ButcherButcher+ |
|
Butler(see also PORTER; WAITER) | Trade Mark no 609635
 |
Butter |
|
Buttercup |
|
ButterflyButterfly+ |
|
Buttock+ | Trade Mark no 727657
 |
ButtonButton+ |
|
Amended Reasons
| Amended Reason | Date Amended |
|---|---|
Accessibility fix – alternative text for images |
|
Update hyperlinks |
|
Update hyperlinks |
|