Overcoming an Earlier Cited Trade Mark in an Adverse Report
Have you received an adverse examination report from IP Australia citing an earlier trade mark as a barrier to acceptance? These cited marks are not necessarily the end of your trade mark application. In fact, often these cited marks can be overcome. Read more for the strategies available.
The Power of Protection: The Benefits of Registering an Australian Trade Mark Early for SMEs
Discover how early trade mark registration can secure your brand, provide legal protection, and enhance business value for Australian SMEs. Learn why this strategic move is essential for solo entrepreneurs and small to medium-sized businesses.
Picking goods and services for your trade mark application
It is vital to select the right goods or services for your trade mark application, because they cannot be changed after filing. The exclusive rights afforded by a trade mark registration only cover the goods and services included in the trade mark application. Learn more here about selecting the correct goods and services.
Overcoming an adverse report with evidence of use
After filing your trade mark, you might receive an Adverse Report from IP Australia. This will set out any objections they have to your application (for example, Section 41 or Section 44). Evidence of use can overcome those objections, but you need to prepare a statutory declaration and exhibits of evidence. Here is what you need to include.
Trade marks likely to be refused by IP Australia
Not every trade mark is capable of being registered. A trade mark has to be somewhat distinctive. So what kind of trade marks are less likely to be accepted by IP Australia?