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Amendments to Trademark Laws

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Apr 15, 2013 (Newsletter Issue 5/13)
Australia
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Revised TM Law Amends Opposition Period


The Intellectual Property Laws Amendment (Raising the Bar) Act 2012 (Cth) (Act) came into effect on 15 April 2013. It represents a significant revision of Australian trade marks law. In particular, the Act seeks to strengthen and streamline the trade mark enforcement system.

The most significant aspects of the trade mark law reforms brought in by the Act are:
- a revised process for the opposition of trade mark applications with a strong focus on recuding potential delays (the opposition period is reduced from 3 to 2 months after the publication for acceptance in the "Australian Official Journal of Trade Marks");
- the inclusion of a presumption of registrability for marks with respect to descriptiveness;
- a strengthened customs seizures regime; an increased variety of options for the enforcement of trade mark rights; and
- an extension of attorney-client privilege to fully embrace trade mark attorneys.

For more information, please check the article of K&L Gates here

Source: K&L Gates, Australia