World Intellectual Property Organization

Australia (AU)

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Miscellaneous

Nice Classification

A class heading is not deemed to include all possible goods in a class. However, an item clearly falling within the broader specific terms may be considered as included.

Representation before the Office

An Australian address for service is required if responding to a provisional refusal. It is also required following notification that the mark has been protected in Australia.
List of local representatives.

Collective and Guarantee Marks

Rules governing the use of a certification mark must be sent to the Office once the mark has been notified to Australia, or when requested.
No rules are required for a collective mark.
Australia does not have guarantee marks.

Replacement

Recording of replacement takes place upon request, filed with the Office.
No fees required. All rights accrued.

Transformation

If the transformation relates to an international registration that has received protection in Australia, there is no examination other than formalities. If the transformation relates to an international registration designating Australia, then procedures leading to registration will continue.
No fees required.

Maintenance Requirement


Licenses

Recording in the International Register of a trademark license related to an international registration does not have effect in Australia.
Recording of licenses in the National Register related to an international registration is effected in the same way as for licenses related to national trademarks, See Part 44 of the Trademarks Manual of Practice and Procedure
Trademarks Manual of Practice and Procedure.

Last updated on: May 14, 2013

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