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Amendments to Trademark Laws

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Mai 17, 2024 (Newsletter Issue 4/24)
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Changes to the Trade Marks Legislation

From 17 May 2024, the Trade Marks Act and Regulations will change to:

1) Align all grace periods for trade mark renewals to 6 months. If a trade mark is not renewed before the end of its 10-year term, there is a grace period in which the trade mark can be renewed for an extra fee. Currently, some trade marks registered after 10 years receive a longer 10-month grace period. As of 17 May, all grace periods for trade mark renewals will be 6 months.

2) Enable the restoration of some trade marks which were removed from the register during non-use proceedings. This applies in circumstances where an opponent is granted an extension of time to file evidence or request a hearing, and completes this action.

3) Modernise the communication of trade mark information. IP Australia is no longer required to maintain an Official Journal of Trade Marks. Instead, information is required to be published in more user-friendly locations including the Australian Trade Mark Search and IP Australia's website. More information about this change is below.

4) Clarify that discontinued TM Headstart requests can be revived in certain circumstances.

5) Update the classification of goods and services in Schedule 1 to the Trade Marks Regulations. This will now reflect the latest version of the NICE Class Headings, an international standard providing guidance on the grouping of goods and services into numbered classes.