Recent updates

Item amended Date Amended Amended Reason
4. Amendment after particulars of an application have been published (Sections 63, 65 and 65A)

Minor rewording.

5. Similarity of trade marks

Minor formatting change

6. Factors to consider when comparing trade marks

Minor formatting change

15. Geographical names

Minor formatting change

4. Other circumstances - paragraph 44(3)(b)

Minor formatting change

1. Filing a notice of opposition

Add content

5. Grounds for rejection under Division 2 of Part 4 of the Act

Minor formatting changes

3. Use contrary to law

Minor formatting change

3. Deception and confusion as a result of a connotation within a trade mark

Minor formatting changes

1. Deferment of Acceptance - Introduction

Content correction, remove duplicated text

1. Australian trademarks law and defensive trade marks

Minor typographical and content changes

2.3 Section 41: Capacity to Distinguish

Amend endorsement to align with s43 endorsement and clarify that use of a variety name in proximity is not part of the trade mark.

2.1 Section 42: Contrary to Law

Corrections to formatting and numbering.

8. International Convention Documents

Number change for new navigation point.

3. Examining evidence of honest concurrent use - the five criteria

Minor typo corrected

6. Wording of the specification

Para 6.5 has been altered, with the previous text referring to the scope of class headings being moved to the new part 14.7 Interpretation of Specifications

2. Scandalous signs

2.13 Indigenous Knowledge trade marks added.

3. The Basic Application or Basic Registration (Basic Trade Mark)

Minor update to phrasing.

1. Introduction

Clarifying scope of PBR Act interacting with trade marks, and adding a table illustrating the hierarchy of plant taxonomy, as suggested by TWG.

2.4 Section 43: Deception and Confusion

Rewording of s43 practice to better articulate considerations, added cross reference to general s43 practice at Part 29.4.10, and minor amendment to wording of condition of registration option.