Part 32A.1 Landing Page

Date Published

Relevant Legislation & Conventions

Examination Resource Links

Trade Marks Act 1995

  • Section 17 what is a Trade mark

  • Section 24 Trade mark consisting of a sign that becomes accepted as a sign describing article etc

  • Section 25 Trade mark relating to article etc. formerly manufactured patent

  • Section 41 Trade mark not distinguishing applicant’s goods or services

  • Section 42 Trade mark scandalous or its use contrary to law

  • Section 43 Trade mark likely to deceive or cause confusion

  • Section 44 Identical etc. trade marks

 

Plant Breeder's Rights Act 1994

  • Section 11 General nature of PBR

  • Section 14 Extension of PBR to harvest material in certain circumstances

  • Section 15 Extension of PBR to products obtained from harvested material in certain circumstances

  • Section 53 Infringement of PBR

 

International Union for the Protection of New Varieties of Plans (UPOV) Convention

  • Article 20 Variety Denomination

Cases

  • Buchanan Turf Supplies Pty Ltd v Registrar of Trade Marks [2015] FCA 756

  • Mastronardi Produce Ltd v Registrar of Trade Marks [2014] FCA 1021 (“ZIMA”)

  • SFR Holdings Inc [2013] ATMO 77 (“Seadwarf”)

  • P.A and E.V Strauss [1999] ATMO 97 (“Tropical Birch”)

  • "Ogen" Trade Mark [1977] RPC 529

  • Wheatcroft Bros Ltd’s Trade Marks (1954) 71 RPC 43

Annexes 

  • PBR Examination Checklist 

Amended Reasons

Amended Reason Date Amended

Minor table formatting changes

Minor formatting updates

The Trade Marks Office Manual of Practice and Procedure has been updated. The chapter Examination of Trade Marks for Plants (in class 31) has been revised and renamed Part 32A – Examination of trade mark applications relating to plants or plant materials. See the official notice on the IP Australia website for details.

The Trade Marks Office Manual of Practice and Procedure has been updated. The chapter Examination of Trade Marks for Plants (in class 31) has been revised and renamed Part 32A – Examination of trade mark applications relating to plants or plant materials. See the official notice on the IP Australia website for details.

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