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Trade Marks – FED

6 June 2023 by By Lawyers

The By Lawyers Trade Marks publication has been reviewed.

Helpful new headings on the matter plan include:

  • Pre-application searches; and
  • Use, assignment, licensing, and enforcement.

Commentary amendments include:

  • A simplified Overview section, focusing on the importance of registration;
  • Updated hyperlinks to legislation and useful online government resources;
  • New and enhanced coverage of the pre-application procedure available through IP Australia, including Headstart applications;
  • New and enhanced coverage of availability searches, including TM Tracker and international searching via the World Intellectual Property Organisation;
  • More detailed commentary on filing the application, considering examination reports, and dealing with opposition;
  • Enhanced commentary on amending or withdrawing an application, and cancelling a registration; and
  • Enhanced coverage of international applications for both Madrid Protocol and Non-Madrid Protocol countries.

New and enhanced precedents on the matter plan include:

  • To do list;
  • Letter to client with search results and advice;
  • Letter to client advising application lodged;
  • Letter to client advising application accepted for publication;
  • Letter to client advising notice of early acceptance;
  • Letter to client advising problems with application;
  • Final letter to client advising trade mark registered; and
  • Final letter to client advising trade mark not registered.

This review by our authors has focused on the application process. Further review of the commentary on enforcement of trade marks, and intellectual property rights generally, is ongoing.

Filed Under: Australian Capital Territory, Business and Franchise, Federal, New South Wales, Northern Territory, Publication Updates, Queensland, South Australia, Tasmania, Trade Marks, Victoria, Western Australia Tagged With: Intellectual Property, Trade Marks

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