Australian Trade Mark Law: enforcement
Two Acts of Parliament passed in September and October
2006 are set to make amendments to the Trade Marks Act 1995, which
include the following:
Introduces a new ownership ground of opposition enabling an owner
of an earlier registered trade mark to oppose the registration
of a similar trade mark, on the basis of
prior continuous use, on the ground the registered trade mark
has a first use that predates the applicant’s first use;
evidencing the applicant’s bad faith.
Alters a ground of opposition to a trade mark; now when another
trade mark (the well-known trade mark) that has acquired a reputation
in Australia is compared with the opposed trade mark it is sufficient
that it is likely to cause deception or confusion, whether or
not the well-known mark is substantially identical and deceptively
similar to the opposed trade mark.
Abolishes the “person aggrieved” standing which is
currently required of an applicant for removal of a trademark.
Anybody who may have interests could apply for a removal of a
trademark.
If your are interested in finding out more about these recent
changes and in planning strategically your Intellectual Property
assets worldwide, please do not hesitate to contact Barzanò
& Zanardo: we remain, as usual, at your disposal for any IP
enquire you may need.
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