- 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
C
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 | |
Cabbage |
|
|
Cabinet(see also CUPBOARD) |
|
|
CableCable+ |
|
|
Cable-car+ |
|
|
CactusCactus+ |
|
|
Caduceus(two snakes around staff; see also AESCULAPIUS) | Trade Mark no 773965 |  |
Caesar |
|
|
Cage |
|
|
CakeCake+(see also PAVLOVA, PIE) | Trade Mark 727886 |  |
Calculator |
|
|
Calendar |
|
|
Calf(see also COW; BULL) |
|
|
Callipers(see also COMPASS; DIVIDERS) | Trade Mark no 659890 |  |
CamelCamel+ |
|
|
Camellia |
|
|
CameoCameo+ | Trade Mark no 271296
|  |
CameraCamera+ |
|
|
Camp |
|
|
Camper+(people camping; see also HIKER; SWAGMAN) | Detail from Trade Mark no 760600 |  |
CanCan+(see also TIN; CANISTER) | Trade Mark no 703361 |  |
Cancer(see SYMBOL,ZODIAC) | Trade Mark no 416903 |  |
Candelabra | Trade Mark no 244534 |  |
Candelabra,menorah | Trade Mark no 955747 |  |
CandleCandle+ |
|
|
Candlestick |
|
|
CanisterCanister+(see also TIN; CAN) | Trade Mark no 780225 |  |
CannonCannon+ |
|
|
CanopyCanopy+(see also AWNING; MERRY-GO-ROUND) | Trade Mark no 461643 |  |
Cape |
|
|
Capital(see also IONIC; COLUMN; PEDESTAL) | Trade Mark no 745498 |  |
Capitol(citadel on hill, or US Congress building; see also DOME) | Trade Mark no 292693 |  |
Capricorn(see also SYMBOL,ZODIAC) |
|  |
CapsicumCapsicum+ |
|
|
CapstanCapstan+ |
|
|
CapsuleCapsule+ | Trade Mark no 569293 |  |
Captain-cook | Trade Mark no 252299 |  |
CarCar+ | Trade Mark no 618930 |  |
CaravanCaravan+ |
|
|
Card | Trade Mark no 813488 |  |
Card,punched |
|
|
CarnationCarnation+ |
|
|
Carnival(see also CIRCUS) | Trade Mark no 667181 |  |
CarpenterCarpenter+ |
|
|
Carpet |
|
|
Carport |
|
|
CarrotCarrot+ |
|
|
Carton(see also BOX; PACKAGE; CRATE) | Trade Mark no 660084 |  |
Cartoon |
|
|
Cartoon-characterCartoon-character+(applies to both famous and obscure cartoon characters) | Trade Mark no 902847 |  |
Cartridge |
|
|
Cashew |
|
|
Cash-register |
|
|
Casino |
|
|
CasseroleCasserole+ | Trade Mark no 494534 |  |
CassetteCassette+ | Trade Mark no 701194 |  |
Castle | Trade Mark no 557581 |  |
CastorCastor+ |
|
|
CatCat+(see also KITTEN) | Trade Mark no 732778 |  |
CaterpillarCaterpillar+ |
|
|
Cathedral(see also CHURCH) | Trade Mark no 258120
|  |
Cattle |
|
|
Cauldron |
|
|
Cauliflower |
|
|
CavalierCavalier+ | Trade Mark 438896 |  |
Cave |
|
|
CavemanCaveman+ |
|
|
Cavewoman+ |
|
|
Ceiling |
|
|
Celery |
|
|
Cell+ |
|
|
Cellar(see also WINERY) | Detail from Trade Mark no 531974 |  |
CellarmanCellarman+ | Trade Mark no 420313 |  |
Cellist |
|
|
Cello |
|
|
Cement-mixer | Trade Mark no 936417 |  |
Cent |
|
|
Centaur |
|
|
Cereal |
|
|
ChainChain+(See also LINK+) | Trade Mark no 648237 |  |
Chained |
|
|
ChairChair+(BENCH also a constituent) | Trade Mark no 957022 |  |
Chair-lift(See also CABLE-CAR) | Lapsed application no 467519 |  |
Chalet |
|
|
Chalice(see also GLASS; WINE; TROPHY) | Trade Mark no 863426 |  |
Chandelier |
|
|
Character,arabicCharacter,arabic+ | Trade Mark no 662912 |  |
Character,burmese+ | Detail from Trade Mark no 867425 |  |
Character,chineseCharacter,chinese+ | Trade Mark no 531275 |  |
Character,cyrillic+ | Trade Mark no 926634 |  |
Character,greekCharacter,greek+ | Trade Mark no 889458 |  |
Character,hebrew+ | Detail from Trade Mark no 720570 |  |
Character,hieroglyphic+ | Lapsed application no 637686 |  |
Character,hindi+ |
| |
Character,japaneseCharacter,japanese+ | Trade Mark no 618734 |  |
Character,koreanCharacter,korean+ | Trade Mark no 718191 |  |
Character,laotian+ |
|
|
Character,other |
|
|
Character,rune+ |
|
|
Character,sanskrit+ | Detail from Trade Mark no 746092 |  |
Character,sinhalese+ | Trade Mark no 802835 |  |
Character,tamil+ | Detail from Trade Mark no 813282 |  |
Character,thaiCharacter,thai+ | Trade Mark no 748968 |  |
Chariot |
|
|
Charioteer |
|
|
Charlie-chaplin |
|
|
Check+ | Trade Mark no 729307 |  |
Check,houndstooth | Trade Mark no 659440 |  |
CheeseCheese+ |
|
|
ChefChef+(see also COOK) | Trade Mark no 770134 |  |
CherryCherry+ |
| |
CherubCherub+(see also CUPID) | Trade Mark no 764919 |  |
ChessboardChessboard+ | Trade Mark no 1008109 |  |
ChesspieceChesspiece+(see also ROOK; BISHOP; PAWN etc) | Trade Mark no 343295 |  |
Chest(something is positioned on this part of the body; see also TORSO) | Trade Mark no 770142 |  |
Chest,drawers(see also DRAWER) |
|
|
Chest,tea | Trade Mark no 158056 |  |
Chest,trunk(see also LUGGAGE) | Trade Mark no 890914 |  |
Chest-expander |
| |
ChestnutChestnut+ |
| |
ChevronChevron+(see also ARROWHEAD; SPEARHEAD) | Trade Mark no 440018 |  |
Chi(see also CHARACTER,GREEK) |  | |
Chicory |
|
|
Chief(see also AMERICAN-INDIAN; MOHAWK; HEADDRESS) | Trade Mark no 362664 |  |
ChildChild+(see also BOY; GIRL) | Trade Mark no 647965 |  |
ChilliChilli+ |
|
|
ChimneyChimney+ |
|
|
Chinese(person or feature - dragons, buildings etc) | Trade Mark no 340567 |  |
ChipChip+(potato, see also CRISP) |
|
|
ChipmunkChipmunk+ |
|
|
Chi-rho(see also SYMBOL,CHRISTIAN) |  | |
ChiselChisel+ |
|
|
ChocolateChocolate+ |
|
|
Chopstick+ |
|
|
Chorus-girlChorus-girl+(see also DANCER,CAN-CAN) | Trade Mark no 583073 |  |
Chrysanthemum |
|
|
ChurchChurch+(see also CATHEDRAL) | Trade Mark no 941960 |  |
Churn |
|
|
CigarCigar+ |
|
|
CigaretteCigarette+ |
|
|
Cigarette-holder |
|
|
Cigarette-lighter |
|
|
Cinquefoil | Trade Mark no 811107 |  |
CircleCircle+(see also DISC; ROUND) |  | |
Circuit(see also SYMBOL,ELECTRIC) | Removed Trade Mark no 337595 |  |
Circuit-boardCircuit-board+(see also SYMBOL,ELECTRIC; ELEMENT) | Trade Mark no 797349 |  |
Circular(arrow) | Trade Mark no 754361 |  |
Circus(see also CARNIVAL) | Trade Mark no 509852 |  |
Citrus |
|
|
Clam |
|
|
ClampClamp+(see also SHACKLE) | Trade Mark no 650049 |  |
Clapper-board | Trade Mark no 817641 |  |
Clarinet+ |
|
|
Clasp(see also BUCKLE) | Trade Mark no 778507 |  |
Clasped(eg hands) | Trade Mark no 433167 |  |
ClawClaw+ |
|
|
Cleaner |
|
|
Cleaver |
| |
Clef,bass(see also STAVE; NOTE,MUSICAL) | Trade Mark no 916111 |  |
Clef,treble(see also STAVE; NOTE,MUSICAL) | Trade Mark no 733040 |  |
Cleopatra(see also EGYPTIAN; NEFERTITI, PHAROAH) | Detail from Trade Mark no 721452 |  |
CliffCliff |
|
|
ClimberClimber+ |
|
|
Climbing |
|
|
ClipboardClipboard+ |
|
|
Cloak |
|
|
ClockClock+(see also CLOCKFACE) |
|
|
Clockface(see also CLOCK) | Trade Mark no 568944 |  |
Cloth |
|
|
Clothed |
|
|
Clothesline(See also HOIST) | Trade Mark no 973971 |  |
CloudCloud+ |
| |
Clove+ |
|
|
ClownClown+ |
|
|
ClubClub+(see also LEAF,CLOVER; TREFOIL) |  | |
Coach |
|
|
CoachmanCoachman+ |
|
|
CoatCoat+ |
|
|
CoathangerCoathanger+ |
| |
Coat-of-arms(contains crown, shield and two supporters; see also CREST; SHIELD) | Trade Mark no 573714 |  |
CobblerCobbler+ | Trade Mark 209053 |  |
Cobblestone+ |
|
|
CockroachCockroach+ |
| |
Cockscomb | Trade Mark no 673873 |  |
CoconutCoconut+ |
|
|
Cocoon |
|
|
Coffee-beanCoffee-bean+ |
|
|
Coffeepot |
|
|
Coffin |
|
|
CoilCoil+ | Trade Mark nos 298700 & 661865 |   |
Coiled |
|
|
CoinCoin+ |
|
|
Collar |
| |
Colon(see also SYMBOL,PUNCTUATION; SYMBOL,MATHEMATICAL; RATIO) |
|  |
Colonel |
|
|
Colosseum |
|
|
ColumnColumn+(see also PEDESTAL; IONIC; CAPITAL) | Trade Mark no 1165969 |  |
CombComb+ |
|
|
CometComet+ |
|
|
Comic+(see also CARTOON-CHARACTER; MAGAZINE) |
|
|
Comma(see also SYMBOL,PUNCTUATION) |
|  |
CompassCompass+(see also CALLIPERS; DIVIDERS) | Trade Mark nos 802268 & 854513 |   |
ComputerComputer+ |
|
|
Computer-mouse |
|
|
Concave-sideConcave-side+ | Trade Mark no 730029 |  |
Concentric(see also ECCENTRIC; ANNULUS; TARGET; DOUBLE) | Trade Mark no 414965 |  |
Concertina(shape or musical instrument) | Trade Mark nos 597348 & 480263 |   |
CondomCondom+ |
|
|
Conductor |
|
|
ConeCone+(shape or icecream; see also ICECREAM) | Trade Mark nos 802894 & 498978 |   |
Confectionery(see also BONBON) |
| |
Conical |
|
|
Constellation(see also STAR+; SOUTHERN-CROSS; GALAXY) | Trade Mark no 918735 |  |
Control-board | Trade Mark no 783945 |  |
Converging(see also DIVERGING) | Trade Mark no 741240 |  |
Convex-sideConvex-side+ | Trade Mark no 1079036 |  |
Conveyor |
|
|
Convict(see also BURGLAR; GANGSTER; BANDIT) | Removed Trade Mark no 184265 |  |
CookCook+(see also CHEF) | Trade Mark no 609016 |  |
Coral |
|
|
Cord |
|
|
Core |
|
|
Cork |
|
|
Corkscrew | Trade Mark no 665075 |  |
CorncobCorncob+ |
|
|
CornerCorner+ |
| |
Cornucopia | Trade Mark no 585942 |  |
Corridor |
|
|
| ||
Corset |
|
|
Cosmetics | Trade Mark no 718278 |  |
Cossack |
|
|
CottageCottage+ |
|
|
Cotton(see also THREAD) | Trade Mark no 720675 |  |
Cotton-bollCotton-boll+ | Trade Mark no 413286 |  |
Couchant(lying down, usually used in heraldry) | Trade Mark no 970561 |  |
Coupling+(see also LINK; NOZZLE; PIPE-JOINT) | Detail from Trade Mark no 616467 |  |
Court |
|
|
CowCow+(see also BULL; CALF) |
|
|
CowboyCowboy+ |
|
|
Cowgirl |
|
|
CrabCrab+ |
|
|
Cradle | Trade Mark no 516730 |  |
CraneCrane+ |
|
|
Crankshaft |
|
|
CrateCrate+ |
|
|
Crater+ |
|
|
Crazypaving |
|
|
CreatureCreature+(see also ALIEN; MONSTER; GOBLIN) | Trade Mark no 856804 |  |
Crenellated(see also BATTLEMENT+) | Trade Mark no 782294 |  |
CrescentCrescent+(see also MOON; MAN-IN-MOON) | Trade Mark no 433135 |  |
CrestCrest+(crown and shields, no supporters;see also COAT-OF-ARMS; SHIELD) | Trade Mark no 365702 |  |
Cricket |
|
|
Cricket-bail+ |
|
|
Cricket-batCricket-bat+ |
|
|
CricketerCricketer+ |
|
|
Cricket-stumpCricket-stump+ |
|
|
Crisp+(see also CHIP) |
|
|
Criss-cross(see also GRID; CROSS-HATCHED) | Trade Mark no 264223 |  |
Crock |
|
|
CrocodileCrocodile+ |
|
|
CroissantCroissant+ |
|
|
CrookCrook+ |
|
|
CrossCross+ |
|
|
Cross,andrewsCross,andrews+ |
|  |
Cross,ankh | Trade Mark no 161485 |  |
Cross,botoneeCross,botonee+(has knobs or bud-like projections) | Trade Mark no 22365 |  |
Cross,celtic(Latin cross with circle surrounding centre) | Lapsed application no 654567 |  |
Cross,eureka | Trade Mark no 706508 |  |
Cross,formeeCross,formee+(limbs are narrow where they are conjoined, gradually expand nearly forming a square) | Trade Mark no 904221 |  |
Cross,fourchee(ends of limbs are forked or branched) |
|  |
Cross,greekCross,greek+ |
|  |
Cross,latinCross,latin+ | Trade Mark no 482985 |  |
Cross,lorraineCross,lorraine+(has two horizontal arms, combining the Greek and Latin crosses) | Trade Mark no 735956 |  |
Cross,maltese(like formee cross, but with the extremity of each limb indented) | Trade Mark no 494903 |  |
Cross,papal(has three transoms) | Trade Mark no 924370 |  |
Cross,patriarchal(two transverse pieces, the upper being shorter) | Trade Mark no 636360 |  |
Cross,potent(limbs terminate in potents or crutch-heads) | Detail from Trade Mark no 639901 |  |
Crossbones(see also SKULL; FLAG,JOLLY-ROGER) | Trade Mark no 492320 |  |
Crossed |
|
|
Crosshatched(see CRISS-CROSS; GRID) | Trade Mark no 738491 |  |
Cross-section(see also SLICE) | Trade Mark no 485240 |  |
Crossword |
|
|
Crowd(see also GROUP; FAMILY) |
|
|
CrownCrown+ |
|
|
Crown,castellated | Detail from Trade Mark no 919585 |  |
Crown,crossesCrown,crosses+ | Detail from Trade Mark no 558876 |  |
Crown,imperialCrown,imperial+ | Trade Mark no 306173 |  |
Crown,leavesCrown,leaves+ | Trade Mark no 95808 |  |
Crown,pointedCrown,pointed+ | Detail from Trade Mark no 315116 |  |
Crowned |
|
|
Crown-of-thorns | Trade Mark no 984739 |  |
Crucible | Trade Mark no 636619 |  |
Crumpet |
|
|
Crutch+ |
|
|
Crying |
|
|
CubCub+(see also BEAR; TIGER etc) |
|
|
CubeCube+(see also BLOCK; BOX) |
|  |
CucumberCucumber+ |
|
|
Cultivator |
|
|
Cummerbund |
|
|
CupCup+(see also TROPHY; MUG) | Trade Mark no 672918 |  |
CupboardCupboard+(see also CABINET) |
|
|
Cupid(see also CHERUB) |
|
|
Cupped |
|
|
CurlCurl+(see also WHORL; LOOP; HOOK; STRIPE; HOOKED; ELEMENT; SPIRAL) | Trade Mark no 286745 |  |
CurtainCurtain+ |
|
|
Curved |
|
|
Curved-sideCurved-side+ | Trade Mark no 741495 |  |
CutlassCutlass+(see also DAGGER; SCIMITAR; SWORD) | Detail from Trade Mark no 333641 |  |
Cutlery |
|
|
CyclistCyclist+ |
|
|
CylinderCylinder+(see also GAS-CYLINDER; CANISTER; TIN; CAN; BOTTLE; OXYGEN-TANK; EXTINGUISHER and TUBE) | Trade Mark no 668900 |  |
Cymbal+ |
|
|
Amended Reasons
| Amended Reason | Date Amended |
|---|---|
Accessibility fix – alternative text for images |
|
Accessibility fix – alternative text for images |
|
Update hyperlinks |
|
Update hyperlinks |
|