Ambitious Arguments Awaiting Success Posted On : Jan-27-2012 | seen (507) times | Article Word Count : 442 |
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Streamlining the process of applying for trademarks, opposing a trademark application and trademark infringement proceedings, Australia鈥檚 Intellectual Property Amendment (Raising the Bar) Bill was recently converted into law on April 15, 2012.
Applying for a Trademark: The Registrar of Trade Marks has to accept the application for a trademark unless he has sufficient ground for rejection known as Presumption of Registrability. The bill clarifies when the 鈥楶resumption of Registrability鈥?needs to be applied. The presumption will be applied when assessing the extent to which a trademark is adapted to differentiate the respective goods or services. This could reduce the ambiguity involved in judging the distinctiveness of a trademark leading to a lesser number of rejections.
Determination of Trademark Matters: To provide the trade mark owner cheaper and faster option, the jurisdiction of trademark related matters has been conferred on the Federal Magistrates Court.
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