IN BRIEF
Changes to Australia's intellectual property regime will come into full effect on 15 April 2013. These changes affect many of the processes and procedures for patent, design and trade mark protection.
For trade mark owners, this will mean that the period within which a third party can oppose an accepted application from being registered will be reduced from 3 months to 2 months. The change also applies to opposition to removal of a trade mark for non-use. This change will apply to any trade marks that are advertised as accepted on or after 15 April 2013, or any applications for removal of a trade mark advertised on or after 15 April 2013.
This shorter timeframe means that trade mark owners need to review any market monitoring that they currently undertake, to ensure that their processes allow for sufficient time to meet this significantly shorter deadline. This change makes it even more important to act quickly (and to obtain appropriate specialist advice) if there is any concern with a competing application that has been accepted, or if an application for removal of a registered trade mark is made.
For further information please contact:
Matthew Hall, Partner
Phone: +61 2 9233 5544
Email: mdh@swaab.com.au
Kelly Marshall, Solicitor
Phone: +61 2 9233 5544
Email: kbm@swaab.com.au
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
