- 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
S
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 | |
SackSack+ |
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Saddle |
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Safe |
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Safety-pinSafety-pin+ |
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Sagittarius(see also SYMBOL,ZODIAC) |  | |
SailSail+(see also BOAT,SAIL) | Trade Mark no 742836 |  |
Sailboard(see also BOAT,SAIL; WINDSURFER) | Trade Mark no 765688 |  |
SailorSailor+ |
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Saint |
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Saint-george |
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Salt |
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Samurai |
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SandalSandal+ |
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SandwichSandwich+ |
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Santa |
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Sari |
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SatelliteSatellite+(planetary, not satellite dish – see ANTENNA,DISH) | Trade Mark no 664355 |  |
Saturn(symbol,planetary and planet with rings; see also SYMBOL,PLANETARY or PLANET) | Trade Mark no 675412 |  or  |
SatyrSatyr+(part human, part goat) | Trade Mark no 831066 |  |
SaucepanSaucepan+ |
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SaucerSaucer+ |
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SausageSausage+ |
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Saw |
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Saw,chain |
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Saw,circular |
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Saxophone(see also SAXOPHONIST) | Trade Mark no 467045 |  |
Saxophonist(see also SAXOPHONE) |
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S-bend | Trade Mark no 749607 |  |
Scaffolding |
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Scale(calibrations) | Detail from Trade Mark no 767700 |  |
Scales,balance |
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Scales,bathroom | Trade Mark no 341011 |  |
Scales,justice(see also JUSTICE) | Trade Mark no 510468 |  |
Scales,kitchen |
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Scallop+(see also SHELL) | Trade Mark no 674856 |  |
Scalloped | Trade Mark no 316577 |  |
ScalpelScalpel+ |
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Scarecrow |
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Scarf |
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SceneScene+ |
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Scene,city(includes buildings, streets, cars, people etc; see also SKYLINE; SKYSCRAPER+) | Trade Mark no 680794 |  |
Scene,farm(includes farmouse, ploughed fields, animals, machinery, workers, fences, trees, carts etc.) | Trade Mark no 487943 |  |
Scene,mountains(includes mountains, chalets, trees) | Trade Mark no 491792 |  |
Scene,rural(includes hills, trees, water, animals, cottages, sun, tractors etc) | Trade Mark no 993938 |  |
Scene,sea(includes ocean, shore, boats, people, birds, sun, rocks, lighthouses, sea animals etc) | Trade Mark no 729380 |  |
Scene,tropical(includes palms, sun, waves, mountains, island, birds in flight) | Trade Mark no 893183 |  |
SceptreSceptre+ |
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School |
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Scimitar(see also SWORD; DAGGER; CUTLASS) | Trade Mark no 8694 |  |
Scissors |
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Scone+ |
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Scoop |
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Scooter |
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Scorpio(see also SYMBOL,ZODIAC) |  | |
Scorpion |
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ScotsmanScotsman+ |
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Scotswoman |
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Scout | Trade Mark no 682000 |  |
Screen |
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Screen,cinema |
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Screen,tvScreen,tv+(shape of TV screen, for television see TV) | Trade Mark no 613094 |  |
ScrewScrew+ |
| |
Screwdriver |
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ScrewnutScrewnut+ | Trade Mark no 976761 |  |
ScrollScroll+(see also RIBBON) | Trade Mark no 307426 |  |
ScytheScythe+ |
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Sea(see also SCENE,SEA; WAVE; SURF) | Trade Mark no 543244 |  |
SeahorseSeahorse+ | Trade Mark no 420094 |  |
SealSeal+ | Trade Mark no 383918 |  |
Seal,stationerySeal,stationery+ | Trade Mark no 426751 |  |
SeatSeat+ |
| |
Seated(people only; see SITTING for animals) | Trade Mark no 403045 |  |
Seaweed |
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Sedant(heraldic term, means in a sitting posture, sitting upright) | Trade Mark no 247717 |  |
SeedSeed+ |
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SeedlingSeedling+ |
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Seesaw |
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SegmentSegment+(see also SLICE; WEDGE) | Trade Mark no 794056 |  |
Segmented |
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Semi-circleSemi-circle+ |
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Semi-conductor(see also SYMBOL,ELECTRIC) | Trade Mark no 257880 |  |
Sentry(see also SOLDIER; GUARDSMAN; GUARD) | Trade Mark no 284013 |  |
Septagon |
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Serrated(having a notched or grooved edge; see also TOOTHED) | Trade Mark no 893013 |  |
Serviette |
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Set-square |
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Seven |
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Seven-point(used to describe shapes, especially stars) | Trade Mark no 376449 |  |
Several |
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Sewing |
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Sextant |
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Shackle | Trade Mark no 665522 |  |
ShadowShadow+ | Trade Mark no 769183 |  |
Shaker |
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Shawl |
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Shearer |
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Shears |
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Sheep(see also LAMB; RAM) | Trade Mark no 1097251 |  |
Sheet |
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ShelfShelf+ |
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ShellShell+ |
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Shepherd |
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Sheriff |
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Sherlock-holmes |
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ShieldShield+(see also CREST; COAT-OF-ARMS) | Trade Mark no 252932 |  |
Shin-pad+(see also CRICKETER) | Trade Mark no 1033615 |  |
Ship,liner | Trade Mark no 912433 |  |
Ship,sailingShip,sailing+(see also BOAT,SAIL) | Trade Mark no 294986 |  |
Ship,steamerShip,steamer+ | Detail from Trade Mark no 366497 |  |
Ship,submarine |
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Ship,vikingShip,viking+ | Trade Mark no 726750 |  |
Ship,war | Detail from Trade Mark no 423931 |  |
ShirtShirt+ |
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Shock-absorberShock-absorber+ | Trade Mark no 716864 |  |
ShoeShoe+(see also BOOT; HIGH-HEEL) | Trade Mark no 453050 |  |
Shoehorn |
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ShoelaceShoelace+ |
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ShoeprintShoeprint+ | Trade Mark no 453050 |  |
ShopShop+ |
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Shopfront |
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Shopkeeper |
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Shorts |
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ShoulderShoulder+ |
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ShovelShovel+(includes garden spades) | Trade Mark no 566842 |  |
Shower |
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ShrubShrub+ |
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ShutterShutter+(camera) | Trade Mark no 220740 |  |
Shuttle |
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ShuttlecockShuttlecock+ |
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SickleSickle+ |
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Sidecar |
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Sigma(see also CHARACTER,GREEK) |  | |
Signal,railway | Trade Mark no 904987 |  |
SignboardSignboard+(see also NAMEPLATE; PLAQUE) | Trade Mark no 390606 |  |
SignpostSignpost+ | Trade Mark no 360080 |  |
Silhouette | Trade Mark no 321664 |  |
Silicon-wafer(see also CHIP; used to describe silicon chips) | Trade Mark no 1126025 |  |
SiloSilo+ |
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Silver |
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Silverfish |
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Sine-wave(see also SYMBOL,MATHEMATICAL) |  | |
Singer |
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Singlet |
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Sink |
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Sitting(animals only, SEATED for people) | Trade Mark no 952633 |  |
Six |
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Six-blade(often used with impeller or fan) |
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Six-point(used to describe shapes, especially stars) | Trade Mark no 510775 |  |
SkateSkate+ |
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Skateboard | Trade Mark no 957478 |  |
SkaterSkater+ | Trade Mark no 714790 |  |
Skeleton(see also BONE; RIB+; SKULL; SPINE) | Trade Mark no 853339 |  |
Skewer |
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SkiSki+ |
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Skier,snow | Trade Mark no 755812 |  |
Skier,water | Trade Mark no 444310 |  |
Skipping |
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Skirt |
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Ski-stock+ |
| |
Skittle+ |
| |
Skull(see also BONE; SKELETON) | Trade Mark no 819199 |  |
Skunk |
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Sky |
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Skyline(see also SCENE,CITY; SKYSCRAPER+) | Trade Mark no 670793 |  |
SkyscraperSkyscraper+(see also SCENE,CITY; SKYLINE) | Trade Mark no 747286 |  |
Slalom |
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Sled |
| |
Sledgehammer |
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Sleigh |
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SliceSlice+(often food eg bread, pie, lemon etc; see also SEGMENT) | Trade Mark no 606667 |  |
Slingshot |
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SlipperSlipper+ |
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Slipway |
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Slug |
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Smiling |
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Smoke |
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Smoking |
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SnailSnail+ |
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Snake+Snake | Trade Mark no 435682 |  |
Snake,cobraSnake,cobra+ | Trade Mark no 888147 |  |
Snakecharmer |
| |
Snorkel |
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Snow |
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Snowball |
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Snowcapped | Trade Mark no 772684 |  |
SnowflakeSnowflake+ | Trade Mark no 665908 |  |
Snowman |
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Snowshoe+ |
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Soap |
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Soccer |
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SockSock+ |
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Socket(see also POWER-POINT) | Trade Mark no 873981 |  |
Soil |
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Solar-panel |
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SoldierSoldier+(see also GUARDSMAN; SENTRY; GUARD) | Trade Mark no 702061 |  |
SoleSole+ | Trade Mark no 888583 |  |
Soup |
|
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Southern-cross(see also CONSTELLATION) | Trade Mark no 702191 |  |
Spaceship(see also FLYING-SAUCER; ROCKET) | Trade Mark no 815013 |  |
SpadeSpade+(playing card; for tool see SHOVEL) |
| ♠ |
Spaghetti |
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Spanish |
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SpannerSpanner+ | Trade Mark no 579433 |  |
Spark+ | Trade Mark no 804704 |  |
SparkplugSparkplug+ | Trade Mark no 121564 |  |
SpeakerSpeaker+ |
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SpearSpear+ |
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Speargun |
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SpearheadSpearhead+(see also CHEVRON; ARROWHEAD) | Trade Mark no 1141347 |  |
Speckled(see also MOTTLED; DOTTED) | Detail from Trade Mark no 537026 |  |
Spectacles(see also SUNGLASSES) | Trade Mark no 247727 |  |
Spectrum(see also RAINBOW) |
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Speedometer(see also DIAL; GAUGE) |
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Sphinx |
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SpiderSpider+ | Trade Mark no 781027 |  |
Spider,red-back |
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SpindleSpindle+ |
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Spine(see also BONE; SKELETON; RIB+) | Trade Mark no 1054406 |  |
Spinnaker(see also BOAT,SAIL; SAIL; SHIP,SAILING) | Trade Mark no 982983 |  |
Spinning |
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Spinning-top |
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SpiralSpiral+(see also WHORL; CURL; ELEMENT; SPRING) | Trade Mark no 359389 |  |
SpireSpire+(see also MINARET; STEEPLE; TOWER,COMMUNICATIONS) | Trade Mark no 253703 |  |
Spit | Detail from Trade Mark no 837373 |  |
Splash(see also DROP; BLOT) | Trade Mark no 731117 |  |
Spoke+(see also WHEEL,SPOKED) |
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Sponge |
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SpoolSpool+(see also SPINDLE; CAPSTAN; BOBBIN; REEL) | Trade Mark no 934333 |  |
SpoonSpoon+ |
|
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SportsmanSportsman+ |
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SpraySpray+ |
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Spraygun |
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Sprig+ |
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SpringSpring+(see also COIL; SPIRAL) | Trade Mark no 353608 |  |
Sprinkler |
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Sprocket |
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Sprout+ |
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SpurSpur+ |
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SquareSquare+ |
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Square-root(see also SYMBOL,MATHEMATICAL) |  | |
Squash |
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Squash-player |
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Squid | Trade Mark no 1033968 |  |
SquirrelSquirrel+ |
|
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Stable |
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Stacked | Trade Mark no 301606 |  |
Stage |
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Stained-glass |
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Staircase(see also STEP+) |
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Stall |
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Stamp,postageStamp,postage+ | Trade Mark no 596485 |  |
Stamp,rubber | Trade Mark no 958589 |  |
StandStand+ |
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Stand,drafting |
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Standing |
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StarStar+(for STAR+ see also CONSTELLATION; GALAXY; SOUTHERN-CROSS; STARBURST; STARRY) |  | |
Starburst | Detail from Trade Mark no 452346 |  |
Starfish |
|
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Starry(see also CONSTELLATION; GALAXY; SOUTHERN-CROSS) | Trade Mark no 932565 |  |
StatueStatue+ | Trade Mark no 442325 |  |
Stave(see also CLEF,BASS; CLEF,TREBLE; NOTE,MUSICAL) | Trade Mark no 890369 |  |
Steam | Trade Mark no 566945 |  |
Steamroller |
|
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SteepleSteeple+(see also SPIRE; MINARET) | Detail from Trade Mark no 657963 |  |
SteinStein+(see also TANKARD; MUG) |
| |
StemStem+ | Trade Mark no 547374 |  |
StepStep+(see also STAIRCASE) | Trade Mark no 508971 |  |
StethoscopeStethoscope+ | Trade Mark no 922304 |  |
StickStick+ |
|
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Stick-figureStick-figure+ | Trade Mark no 885076 |  |
Still |
| |
StirrupStirrup+ |
|
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Stitch+ | Trade Mark no 584819 |  |
Stock+ |
|
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StockingStocking+ |
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StomachStomach+ |
|
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StoneStone+(see also ROCK; usually refers to what an object is made from) | Trade Mark no 776316 |  |
Stonehenge(see also RUIN+) | Trade Mark no 866717 |  |
StoolStool+ |
| |
Stopper |
|
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Stop-sign | Trade Mark no 659112 |  |
Stopwatch |
|
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StoveStove+ |
|
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Stove,pressure |
|
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Strainer |
|
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StrawStraw+ | Trade Mark no 560216 |  |
StrawberryStrawberry+ |
|
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Street |
|
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Stretcher |
|
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String |
|
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StripeStripe+(see also RAY+; BRUSHSTROKE) |  | |
Striped | Trade Mark no 331743 |  |
StrongmanStrongman+(see also WEIGHTLIFTER) | Trade Mark no 770142 |  |
Structure(indeterminate building) | Trade Mark no 555259 |  |
Stud+ |
| |
Sturts-pea | Trade Mark no 581368 |  |
Stylised(used for highly simplified and abstract representations which are removed from a true or realistic representation. The example used here is a stylised swan) | Trade Mark no 529069 |  |
Stylus |
|
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Sugarcane |
|
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Suit |
|
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SuitcaseSuitcase+(see also LUGGAGE; BAG; BRIEFCASE) | Trade Mark no 717030 |  |
Sultan |
|
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Sun,disc(see also MOON) | Trade Mark no 584700 |  |
Sun,face(see also MAN-IN-MOON) | Trade Mark no 767990 |  |
Sun,flames | Trade Mark no 530155 |  |
Sun,rays | Trade Mark no 729036 |  |
Sundae |
|
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Sundial |
|
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SunflowerSunflower+ |
|
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Sunglasses(see also SPECTACLES) | Trade Mark no 749084 |  |
Surf(see also WAVE; SEA) |
|
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SurfboardSurfboard+ | Trade Mark no 724912 |  |
SurferSurfer+ |
|
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Swag |
|
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SwagmanSwagman+(see also CAMPER; HIKER) | Trade Mark no 249257 |  |
SwastikaSwastika+ |
|
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Sweetpea |
|
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SwimmerSwimmer+(person) | Trade Mark no 427585 |  |
Swimming(birds or animals) | Trade Mark no 601514 |  |
Swimming-costume(see also BIKINI; DAGGER) | Trade Mark no 547186 |  |
Swing |
|
|
Swiss | Trade Mark no 758533 |  |
Switch | Trade Mark no 1162579 |  |
Swizzle-stickSwizzle-stick+ |
|
|
SwordSword+(see also CUTLASS; DAGGER; SCIMITAR) | Trade Mark no 579950 |  |
Sydney(see also OPERA-HOUSE; BRIDGE,HARBOUR) | Trade Mark no 719567 |  |
Symbol,ampersand |
| & |
Symbol,at |
| @ |
Symbol,Christian(see also CHI-RO; HOLY-SPIRIT) |  | |
Symbol,copyright |
|
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Symbol,correct |  | |
Symbol,degree |
|
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Symbol,dna(see also TWIST) | Trade Mark no 768306 |  |
Symbol,electric |
|
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Symbol,irrigation | Trade Mark no 594485 |  |
Symbol,karate | Detail from Trade Mark no 515274 |  |
Symbol,koru(New Zealand Maori symbol, a loop like an unfurling fern frond) | Trade Mark no 328353 |  |
Symbol,mathematicalSymbol,mathematical+ |
|
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Symbol,medical |
|
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Symbol,medical-alert | Trade Mark no 538632 |  |
Symbol,monetary |
| $ ₤ ¥ € ¢ |
Symbol,Olympic |
|  |
Symbol,peace |  | |
Symbol,planetary |
|
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Symbol,prescription |
|  |
Symbol,prince-of-wales(feathers; see also FLEUR-DE-LIS) | Trade Mark no 723755 |  |
Symbol,prohibition |
|  |
Symbol,punctuationSymbol,punctuation+(for COLON see also SYMBOL,MATHEMATICAL and RATIO) | Asterisk * Bracket [ ] Comma , Colon : | Exclamation ! Inverted-comma " Question ? |
Symbol,radioactivity |
|
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Symbol,recycle | Trade Mark no 564157 |  |
Symbol,sex |
| ♀ ♂ |
Symbol,sports+ |
|
|
Symbol,trigram(any of the eight possible combinations of three whole or unbroken lines used especially in Chinese divination) | Trade Mark no 837700 |  |
Symbol,yin-yang |
|  |
Symbol,zodiacSymbol,zodiac+ |  | |
Syringe |
|
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Amended Reasons
| Amended Reason | Date Amended |
|---|---|
Accessibility fix – alternative text for images |
|
Update hyperlinks |
|
Update hyperlinks |
|